Probable cause affidavit: |
SUBMITTED BY: TROOPER DAVE DECARLIS (AR14-12726) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT DAMAGED A UTILITY TRAILER BEING PULLED BY THE 2004 CHEVROLET 2500 PICKUP TRUCK, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1); THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061. ON 110814, AT APPROXIMATELY 1605 HOURS, THE DEFENDANT, MR TREVOR STEINHAUER, WAS TRAVELING EAST ON EAST WATSON STREET, OPERATING A 1992 CHEVROLET SILVERADO PICKUP AND ATTEMPTED TO MAKE A LEFT TURN ON TO U S HIGHWAY 41. UPON DOING SO, THE RIGHT FRONT CORNER OF VEHICLE ONE CRASHED INTO THE LEFT SIDE OF A UTILITY TRAILER BEING TOWED NORTHBOUND ON U S HIGHWAY 41. UPON IMPACT, THE DEFENDANT PROCEEDED TO DRIVE NORTH, EVENTUALLY STOPPING AT THE INTERSECTION OF EAST FORT COOPER ROAD. VEHICLE TWO FOLLOWED THE DEFENDANT TO EAST FORT COOPER ROAD AND MOMENTS LATER THE DEFENDANT FLED THE SCENE. THE DRIVER OF VEHICLE TWO/VICTIM, PROVIDED A PHYSICAL DESCRIPTION OF THE DEFENDANT AND HIS VEHICLE. SHORTLY THEREAFTER, I WAS INFORMED THAT THE DEFENDANT WAS LOCATED BY CITRUS COUNTY SHERIFF'S OFFICE DEPUTIES ON EAST WATSON STREET AND SOUTH LOVERING POINT. I REQUESTED THAT THE VICTIM RESPOND TO THE LOCATION OF THE DEFENDANT. UPON ARRIVAL, THE VICTIM POSITIVELY IDENTIFIED THE DEFENDANT AS THE OPERATOR OF THE VEHICLE THAT CRASHED INTO HIS TRAILER. I INSPECTED VEHICLE ONE AND FOUND FRESH DAMAGE MATCHING THAT OF A COLLISION AS DESCRIBED BY THE VICTIM. THE DEFENDANT STATED THAT HE WAS HAVING TRANSMISSION PROBLEMS AND DENIED BEING INVOLVED IN A CRASH. I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH AND NOTICED AN OPEN CASE OF BEER ON THE RIGHT FLOORBOARD. AT THAT TIME, I REQUESTED THAT THE DEFENDANT EXIT HIS VEHICLE AND AT 1638 HOURS, I INFORMED THE DEFENDANT THAT I WAS COMPLETING THE CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL DUI INVESTIGATION. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES, SUCH AS KNEE OR OTHER TYPE REPLACEMENTS THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS. I ALSO ASKED IF HE IS UNDER THE CARE OF A DOCTOR, IS INJURED, IF HE CAN SEE WITHOUT EYEGLASSES OR IF HE IS TAKING ANY MEDICATION, TO WHICH HE STATED NO AND HE CAN SEE NORMALLY WITHOUT CORRECTIVE LENSES. 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 HAD DIFFICULT FOLLOWING INSTRUCTIONS, SWAYED AND LOST BALANCE WHILE LISTENING TO INSTRUCTIONS, USED ARMS FOR BALANCE, FAILED TO WALK HEEL TO TOE WHILE REPEATEDLY STEPPING OFF THE LINE, FAILED TO COUNT OUT LOUD, MADE AN IMPROPER TURN AND IMPROPER NUMBER OF STEPS WERE TAKEN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED ARMS FOR BALANCE, SWAYED AND PUT FOOT DOWN MULTIPLE TIMES AND WAS UNABLE TO PERFORM THIS EXERCISE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY ANDREW MOORE. UPON ARRIVAL AT THE JAIL, THE DEFENDANT PROVIDED A SAMPLE OF HIS BREATH WITH THE TEST RESULTS BEING: .214 AND .216. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, DUI WITH PROPERTY DAMAGE WITH A $500.00 BOND AND LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE WITH A $250.00 BOND, FOR A TOTAL BOND AMOUNT OF $1,750.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA CRIMINAL TRAFFIC CITATIONS FOR VIOLATION OF RIGHT OF WAY AT STOP SIGN INTERSECTION, OPEN CONTAINER OF ALCOHOL IN MOTOR VEHICLE BY DRIVER, DUI, DUI WITH PROPERTY DAMAGE AND LEAVING THE SCENE OF A CRASH, WITH A MANDATORY COURT APPEARANCE ON 120414, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |