| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR09110152) 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. ON 072409 AT APPROXIMATELY 2357 HOURS, DEPUTY MOORE OF THE CITRUS COUNTY SHERIFF' S OFFICE STATED THAT HE OBSERVED A BLUE FORD EXPLORER TRAVELING WESTBOUND ON HIGHWAY 44, WEST OF WASHINGTON STREET. DEPUTY MOORE ADVISED ME THAT THE VEHICLE WAS TRAVELING AT 24 MILES PER HOUR IN A POSTED 45 MILE PER HOUR (MPH) ZONE. DEPUTY MOORE ALSO STATED THAT THERE WERE OTHER VEHICLES BEHIND THE EXPLORER AND THE EXPLORER WAS IMPEDING TRAFFIC. DEPUTY MOORE STATED THAT HE WAS ABLE TO GET BEHIND THE FORD EXPLORER AND ATTEMPTED TO STOP THE EXPLORER NEAR THE INTERSECTION OF WASHINGTON STREET. HE STATED THAT THE VEHICLE CONTINUED WESTBOUND ON HIGHWAY 44 AT A SPEED SLOWER THAN 24 MPH, AND DURING THAT TIME, THE VEHICLE WAS WEAVING WITHIN ITS LANE. DEPUTY MOORE ADVISED THAT HE WAS ABLE TO STOP THE VEHICLE JUST EAST OF BLANTON DRIVE. DEPUTY MOORE STATED THAT AFTER MAKING CONTACT WITH THE DEFENDANT, NOW KNOWN AS MR VAUGHN BLACK, HE COULD DETECT A STRONG ODOR OF WHAT HE BELIEVED TO BE AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN RESPONDED TO ASSIST DEPUTY MOORE. UPON MY ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, MR BLACK, WHO WAS SITTING IN THE DRIVER SEAT OF THE VEHICLE. I ASKED HIM WHERE HE WAS HEADING TO THIS EVENING, TO WHICH HE STATED, "BOYSKATE ROAD". THE DEFENDANT'S SPEECH WAS VERY THICK AND HE HAD A DIFFICULT TIME SPEAKING. AT THIS TIME I DID NOTICE HIS EYES WERE RED AND BLOOD SHOT. I ASKED HIM WHERE HE WAS COMING FROM, TO WHICH HE REPLIED, THAT HE WAS COMING FROM WILDWOOD. WILDWOOD IS EAST OF BOY SCOUT ROAD, AND THE DEFENDANT'S VEHICLE WAS IN THE WESTBOUND LANE FACING WEST SEVERAL MILES FROM BOY SCOUT ROAD. WHILE SPEAKING WITH THE DEFENDANT, I TOO WAS ABLE TO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. I THEN REQUESTED THE DEFENDANT EXIT THE VEHICLE TO SUBMIT TO SOBRIETY TASKS, TO WHICH HE COMPLIED. WHILE SPEAKING WITH THE DEFENDANT OUTSIDE OF HIS VEHICLE, I ONCE AGAIN WAS ABLE TO DETECT THE ODOR APPROXIMATELY TWO AND A HALF FEET AWAY FROM THE DEFENDANT. 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 ONLY HAD DIABETES BUT NO OTHER PHYSICAL LIMITATIONS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT WORE GLASSES, BUT 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 THIS TASK, THE DEFENDANT ALSO MOVED HIS HEAD FROM THE LEFT TO THE RIGHT, AND AT ONE POINT STARED STRAIGHT AHEAD LOOKING AT ME WHILE I MOVED THE STIMULUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT BEGAN THE TASK PRIOR TO BEING TOLD TO DO SO. DURING THE FIRST ATTEMPT, THE DEFENDANT PLACED HIS HANDS ON HIS HIPS AND STARED DIRECTLY AHEAD OF HIM. AFTER I EXPLAINED THE TASK ONCE MORE, THE DEFENDANT PLACED HIS ARMS BEHIND HIS BACK AND STARED STRAIGHT AHEAD WHILE ATTEMPTING THE TASK. ONCE MORE I EXPLAINED THE TASK TO THE DEFENDANT, AND ON HIS THIRD ATTEMPT, THE DEFENDANT SWAYED BACK AND FORTH, KEEPING HIS LEFT LEG UP IN THE AIR AND LEANING TO HIS RIGHT TO KEEP HIS BALANCE. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN THE INSTRUCTIONAL POSITION. WHILE ATTEMPTING THE TASK FOR THE FIRST TIME, THE DEFENDANT COULD NOT WALK HEEL TO TOE. HE COULD NOT WALK WITH HIS FEET IN FRONT OF EACH OTHER STEPPING OFF THE LINE, AND DID NOT COUNT OUT LOUD. THE DEFENDANT TOOK AN IMPROPER AMOUNT OF STEPS THEN ASKED ME IF THAT WAS NINE. THE DEFENDANT ATTEMPTED THE TASK ONCE MORE. HE DID NOT WALK HEEL TO TOE OR IN A STRAIGHT LINE, AND HAD TO CATCH HIMSELF IN ORDER TO KEEP FROM FALLING. TASK FOUR, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ATTEMPTED TO START THE TASK BEFORE BEING TOLD TO DO SO, HOWEVER, WHEN HE ATTEMPTED THE TASK, HE DID NOT PUT HIS HEAD BACK. WHEN HE REACHED THE LETTERS "H" AND "I", THE NEXT LETTER HE GAVE WAS THE LETTER "G". THE DEFENDANT DID THIS ON BOTH ATTEMPTS. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT HAD TO ATTEMPT THE TASK THREE TIMES, AND BETWEEN EACH ATTEMPT I EXPLAINED IT TO HIM. ON THE FIRST ATTEMPT, HE TOUCHED THE LEFT SIDE OF HIS GLASSES THEN THE LEFT SIDE OF HIS NOSE. THE DEFENDANT STOOD THERE FOR SOME TIME, AND WOULD NOT PLACE HIS HAND BACK TO HIS SIDE. THE DEFENDANT WOULD NOT KEEP HIS HEAD BACK. ON THE SECOND ATTEMPT, THE DEFENDANT WOULD NOT PUT HIS LEFT HAND BACK TO HIS SIDE. ON THE THIRD ATTEMPT, WHEN ASKED TO PLACE HIS RIGHT INDEX FINGER ON THE TIP OF HIS NOSE, THE DEFENDANT RAISED HIS RIGHT HAND UP, HELD IT THERE, AND THEN PLACED HIS RIGHT INDEX FINGER ON THE RIGHT SIDE OF HIS NOSE. THE DEFENDANT FAILED ONCE AGAIN TO PLACE HIS HAND DOWN TO HIS SIDE. THE DEFENDANT COULD NOT COMPLETE THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ED'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT THEN AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING, .143 AND .130. 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, NUMBER 2201-XBG WITH A MANDATORY COURT APPEARANCE OF 0816309 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9059-XSG, BY DEPUTY MOORE, FOR IMPEDING TRAFFIC WITH A CIVIL FINE AMOUNT OF $151.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
