| Probable cause affidavit: |
SUBMITTED BY: CIANCIA, TERRY 0575 (AR07100473) DID 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 STATE STATUTE 316.193(1)(B) ON 112507 AT 2000 HOURS, I OBSERVED AND ALL TERRAIN VEHICLE (ATV) WESTBOUND ON WEST OAKLAWN STREET, APPROACHING THE INTERSECTION OF FUCHSIA. THE ATV HAD NO HEAD LIGHTS OR TAIL LIGHTS ILLUMINATED AND WAS BEING OPERATED BY A WHITE MALE. AS I GOT IN BEHIND THE ATV, THE ATV MADE A QUICK RIGHT HAND TURN ON TO FUCHSIA AND APPEARED TO ACCELERATE. I ENGAGED MY EMERGENCY LIGHTS, AT WHICH TIME THE DRIVER LOOKED BACK AT ME AND SUDDENLY SLAMMED ON HIS BRAKES. I FOLLOWED THE DRIVER FOR ANOTHER ONE HUNDRED FIFTY FEET TO TWO HUNDRED FEET WHILE THE DRIVER ATTEMPTED TO PULL THE ATV OVER AND TURN IT OFF. UPON EXITING MY PATROL VEHICLE, I APPROACHED THE DRIVER AND NOTICED THAT HE WAS HAVING A HARD TIME FUMBLING WITH THE IGNITION KEY, ATTEMPTING TO TURN THE ATV OFF. I ASKED THE DRIVER TO PRODUCE HIS FLORIDA DRIVER'S LICENSE, AT WHICH TIME HE REACHED IN TO HIS RIGHT REAR PANTS POCKET AND RETRIEVED HIS WALLET. WHILE HE WAS DOING THIS, I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON. THE DRIVER FUMBLED THROUGH HIS WALLET APPROXIMATELY FOUR TIMES BEFORE RETRIEVING HIS DRIVER'S LICENSE. AFTER HANDING ME HIS DRIVER'S LICENSE, I ASKED HIM IF HE KNEW WHY I HAD STOPPED HIM. THE DRIVER RESPONDED TO ME IN HEAVILY SLURRED SPEECH "FOR RIDING ON THE ROAD." WHILE SPEAKING WITH THE DRIVER, I ALSO NOTICED THAT HE HAD RED, BLOODSHOT EYES. THE DRIVER WAS ASKED IF HE WOULD SUBMIT TO A SERIES OF ROADSIDE SOBRIETY TASKS, TO WHICH HE STATED "THERE'S NO NEED FOR ME TO DO THEM, I KNOW I'M DRUNK." I ASKED THE DRIVER, IDENTIFIED AS MR TONY ALLEN MCQUEEN BY HIS FLORIDA DRIVERS LICENSE, TO STEP OFF THE ATV. AS MR MCQUEEN STEPPED OFF THE ATV, I NOTICED HE WAS EXTREMELY UNSTEADY ON HIS FEET AND USED THE ATV TO MAINTAIN HIS BALANCE. I ASKED MR MCQUEEN IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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. I ADVISED THE DEFENDANT THAT I WAS PLACING HIM UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI.) THE DEFENDANT WAS SECURED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS BROTHER. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .223 AND .219. 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 7073-XDO, WITH A MANDATORY COURT APPEARANCE ON 121307 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 4710-FGW, FOR OPERATING AN ATV ON A ROADWAY IN VIOLATION OF FLORIDA STATUTE 316.2074(5.) THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 4711-FGW, FOR VIOLATION OF DRIVER'S LICENSE RESTRICTIONS, CORRECTIVE LENSES, IN VIOLATION OF FLORIDA STATE STATUTE 322.16(1.) *NOT-EXEMPT* |
