| Probable cause affidavit: |
SUBMITTED BY: PETROVICH, EARREN FHP2867 (AR11120648) (0351) DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA'S STATE STATUTE 316.193. ON 050711 AT APPROXIMATELY 0237 HOURS I ARRIVED ON SCENE AT 2275 NORTH PAIGE AVENUE IN HERNANDO. I OBSERVED TWO MALES SITTING IN A BLACK PICKUP TRUCK BEARING TAG NUMBER 5309JB. A CITRUS COUNTY DEPUTY GAVE ME THE INFORMATION FOR THE DRIVER AS MR TODD BOLDUC JR. WHEN I APPROACHED THE VEHICLE I ASKED THE BLACK MALE FOR HIS IDENTIFICATION, TO WHICH HE ADVISED THAT HE DID NOT HAVE ANY IDENTIFICATION ON HIM. I ASKED HIM WHAT HAPPED IN THE CRASH, TO WHICH HE ADVISED THAT TODD TOLD HIM THAT THE BRAKES WENT OUT, HE UTILIZED THE EMERGENCY BRAKE AND THEY SLID INTO THE HOUSE. I GOT THE PASSENGER'S NAME AND DATE OF BIRTH TO RUN THROUGH DRIVER AND VEHICLE INFORMATION DATABASE AND COMPARE HIS PHOTOGRAPH WHICH VERIFIED THAT HE WAS MR CHRISTOPHER NICHOLAS JONES. AT THAT TIME I ASKED MR JONES IF HE WOULD WRITE A WRITTEN STATEMENT AS TO WHAT HAPPENED IN THE CRASH, TO WHICH HE AGREED. IN HIS WRITTEN STATEMENT , HE ADVISED THAT HE WAS THE PASSENGER IN THE RIGHT FRONT AND TODD WAS THE DRIVER. I ASKED THE DRIVER, MR TODD BOLDUC TO EXIT THE VEHICLE. AS HE EXITED THE VEHICLE I NOTICED THAT HE WAS STAGGERING AND HAD POOR BALANCE. AS I WAS ID'ING THIS GENTLEMAN WITH HIS FLORIDA DRIVER'S LICENSE, I OBSERVED THAT HE HAD RED BLOODSHOT EYES, HIS SPEECH WAS SLURRED AND HAD THE ODOR OF A STRONG ALCOHOLIC BEVERAGE. I ASKED THE DEFENDANT WHAT HAPPENED IN THE CRASH, TO WHICH HE ADVISED THAT HIS BRAKES WENT OUT AND HIS TRANSMISSION WENT OUT AND HE WENT OFF THE ROADWAY AND CRASHED INTO THE HOUSE. AT APPROXIMATELY 0300 HOURS, I ADVISED THE DEFENDANT THAT I WAS FINISHED WITH THE CRASH INVESTIGATION AND WAS NOW CONDUCTING AN INVESTIGATION FOR DUI. I WALKED THE GENTLEMAN TO EAST PAMELA COURT, WHICH WAS ADJACENT TO THE PROPERTY WHERE THE CRASH WAS. I GRABBED A ROLL OF DUCT TAPE AND MADE A LINE ON EAST PAMELA COURT AND ASKED THE DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY EXERCISES FOR ME, TO WHICH HE AGREED. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THE INSTRUCTION PHASE, THE DEFENDANT KEPT MOVING HIS HANDS FROM HIS SIDES FOR BALANCE AND SWAYED SLIGHTLY DURING THE EXERCISE. TASK TWO, WALK AND TURN. AS THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, ASKED HIM IF HE HAD ANY QUESTIONS, TO WHICH HE ASKED FOR THE INSTRUCTIONS AGAIN, WHICH I DID. DURING THE EXPLANATION, THE DEFENDANT FAILED TO KEEP BOTH FEET ON THE LINE AND KEPT PLACING HIS FEET SIDE BY SIDE. DURING THE EXERCISE, HE STARTED PRIOR TO BEING TOLD TO BEGIN, HE MISSED HEEL TO TOE STEPS ON FOUR AND SIX, HE STEPPED OFF THE LINE ON FIVE AND EIGHT AND ON THE RETURN, HE MISSED HEEL TO TOE ON THE FIRST STEP, STEPPED OFF THE LINE ON STEPS TWO EIGHT. DURING THE ENTIRE EXERCISE, THE DEFENDANT WOULD STOP AND PAUSE TO GET HIS BALANCE BEFORE CONTINUING ON. ON THE FORWARD STEPS, HE DID NOT COUNT OUT LOUD ON ANY OF THE STEPS AND COUNTED TO SIX ON THE RETURN TRIP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS SWAYING; USING HIS ARMS FOR BALANCE, PUT HIS FOOT DOWN ON NUMBER ONE AND NUMBER TWO. AFTER PUTTING HIS FOOT DOWN ON NUMBER TWO, HE STOPPED THE EXERCISE AND SAID "LOOKING AT MY FOOT MAKES THIS VERY HARD MAN". HE RESUMED THE EXERCISE, PUT HIS FOOT DOWN ON FOUR AND NINE AND QUIT. AT APPROXIMATELY 0310 HOURS, THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD AT APPROXIMATELY 0313 HOURS IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT DECLINED TO ANSWER ANY QUESTIONS AT THAT TIME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS STEP-FATHER TO BE REMOVED. THE DEFENDANT'S WALLET, CELLULAR TELEPHONE AND CIGARETTES WERE ALSO TURNED OVER TO HIS STEP-FATHER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY STAFF WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .159 AND .164. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4610XBN WITH A MANDATORY COURT APPEARANCE OF 052611 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
