| Probable cause affidavit: |
SUBMITTED BY: SKINNER, RODNEY 0563 (AR09110296) 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) ON 080209 AT APPROXIMATELY 0201 HOURS, I WAS ON ROUTINE PATROL ON NORTH SANTOS DRIVE IN CITRUS SPRINGS, WHEN I OBSERVED A WHITE DODGE PICKUP BEARING LOUISIANA LICENSE PLATE NUMBER W148817, TRAVELING SOUTH ON NORTH SANTOS DRIVE DIRECTLY IN FRONT OF MY PATROL VEHICLE. I OBSERVED THE VEHICLE TO BE TRAVELING IN AN ERRATIC MANNER FOR ABOUT A QUARTER OF A MILE. I OBSERVED DURING THIS DISTANCE THAT THE VEHICLE WAS DRIFTING BACK AND FORTH, CROSSING THE CENTER LINE THREE TIMES. AT ONE POINT, THE VEHICLE DRIFTED ALL THE WAY OVER THE CENTER LINE AND TRAVELED A SHORT DISTANCE IN THE OPPOSITE LANE OF TRAVEL UNTIL THE VEHICLE SLOWLY DRIFTED BACK IN TO THE RIGHT LANE. I INITIATED A TRAFFIC STOP AND THE VEHICLE PULLED OVER TO THE SHOULDER OF THE ROAD AT THE INTERSECTION OF WEST LORRAINE DRIVE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR TRAVIS HOON, I COULD IMMEDIATELY DETECT A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM THE INTERIOR OF THE VEHICLE. I REQUESTED A DRIVER LICENSE AND REGISTRATION CARD AND HE PRODUCED A LOUISIANA DRIVER LICENSE. THE DEFENDANT FUMBLED THROUGH HIS WALLET AND TOOK SEVERAL MINUTES TO LOCATE HIS DRIVER LICENSE. HE SEARCHED FOR THE REGISTRATION CARD BUT WAS UNABLE TO LOCATE THE DOCUMENT. I ADVISED THE DEFENDANT THE REASON HE WAS PULLED OVER AND HE STATED THAT HE WAS TRYING TO MAKE IT TO THE HOME WHERE HE WAS TEMPORARILY STAYING. THE DEFENDANT HAD VERY SLURRED SPEECH AND WAS DIFFICULT TO UNDERSTAND. THE DEFENDANT ALSO HAD WATERY BLOODSHOT EYES. THE DEFENDANT WAS ASKED IF HE HAD BEEN DRINKING ALCOHOLIC BEVERAGES AND HE REPLIED THAT HE HAD BEEN DRINKING BEER SINCE HE GOT OFF WORK AT 1700 HOURS. THE DEFENDANT STATED THAT HE HAD A LOT OF BEER AND EVENTUALLY ADMITTED TO DRINKING MORE THAN TWO SIX PACKS OF BEER. I HAD THE DEFENDANT STEP OUT OF THE VEHICLE AND HE IMMEDIATELY STUMBLED AND ALMOST FELL TO THE GROUND. AT THAT TIME THE DEFENDANT WAS ASKED TO PERFORM FIELD SOBRIETY TASKS. THE DEFENDANT WAS ASKED IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD PREVENT HIM FROM PERFORMING THE TASKS, TO WHICH HE ADVISED "NO." 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON THE FIRST NINE STEPS OR ON THE RETURN NINE STEPS. HE DID NOT MAKE A CORRECT TURN AS DEMONSTRATED, FAILED TO COUNT OUT LOUD AND STEPPED OFF THE LINE SEVERAL TIMES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN, BEFORE BEING TOLD TO DO SO, ON THE FIRST ATTEMPT ON THE COUNT OF ONE THOUSAND-THREE . ON THE SECOND ATTEMPT, HE PUT HIS FOOT DOWN ON COUNT ONE THOUSAND-NINE. HE USED ARMS FOR BALANCE AND EVENTUALLY GAVE UP ON PERFORMING THE TASK. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND HANDCUFFED IN FRONT (DOUBLE-LOCKED,) THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE THE VEHICLE WAS TURNED OVER TO THE PASSENGER TO REMOVE FROM THE SCENE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BREATH ALCOHOL TESTING ON THE INTOXILYZER 8000. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO OFFICER EVERETT AND READ MIRANDA WARNINGS AND IMPLIED CONSENT WARNINGS FROM A PRE-PRINTED CARD. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST AND PROVIDED TEST RESULTS OF .218 AND .207. THE DEFENDANT WAS ISSUED DUI UNIFORM TRAFFIC CITATION NUMBER 6957-XDO WITH A MANDATORY COURT APPEARANCE DATE OF 082009 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 245863B FOR FAILURE TO MAINTAIN A SINGLE LANE. ALL PAPERWORK WAS LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. *NOT-EXEMPT* |
