| Probable cause affidavit: |
SUBMITTED By: JONES, JOHN FWC3140 (AR10115114) ON 053110, AT APPROXIMATELY 1930 HOURS, I WAS ON WATER PATROL IN CITRUS COUNTY IN CRYSTAL RIVER NEAR THE AREA COMMONLY KNOWN AS THE SHALLOWS. I OBSERVED FLORIDA VESSEL 4726LM, PASS NEAR THE NARROW STRAIGHT AT WARDEN KEY HEADING EAST. A VESSEL STOP WAS INITIATED ON the VESSEL TO CONDUCT A BOASTING SAFETY INSPECTION. I MADE CONTACT WITH the OWNER/OPERATOR LATER IDENTIFIED AS MR VINCENT BONANNO SR, AND ADVISED HIM that I NEEDED TO SEE LIFE JACKETS FOR EVERYBODY ON THE BOAT AND OTHER SAFETY EQUIPMENT REQUESTED BY THE COAST GUARD. WHILE HE WAS RETRIEVING THE ITEMS THAT I REQUESTED, I NOTICED THAT HE HAD TROUBLE STANDING WITHOUT SUPPORT. HE HAD SLURRED SPEECH, GLASSY EYES, and AS HE PASSED BY ME I NOTICED A STRONG ODOR ABOUT HIM CONSISTENT WITH SOMEBODY WHO HAD BEEN DRINKING ALCOHOLIC BEVERAGES. I ADVISED MR BONANNO THAT I HAD SUSPICION THAT HE WAS OPERATING A VESSEL WHILE IMPAIRED AND ASKED HIM TO SUBMIT TO SOME FIELD SOBRIETY TASKS. MR BONANNO STATED HE UNDERSTOOD, and I REQUESTED HE STEP INTO MY PATROL BOAT WHERE I could PERFORM THE TASKS GIVEN THAT MY PATROL BOAT HAD MORE ROOM IN IT. PRELIMINARY STRAINING QUESTIONS WERE ASKED WHICH HE REPLIED "NO" TO ALL. FIRST TASK, HORIZONTAL GAZE NYSTAGMUS; the INSTRUCTIONS WERE READ AND MR BONANNO STATED HE UNDERSTOOD THE INSTRUCTIONS AS INDICATED. HE LACKED SMOOTH PURSUIT. HE HAD DISTINCT NYSTAGMUS AT MAX DEVIATION IN BOTH EYES AND NYSTAGMUS ONSET BEFORE 45 DEGREES. DURING the TASK I HAD TO REMIND HIM TO KEEP HIS HEAD STILL AND TO FOLLOW THE STIMULUS WITH ONLY HIS EYES. SECOND TASK, PALM PAT; THE INSTRUCTIONS WERE READ AND DEMONSTRATED. MR BONANNO STARTED BEFORE BEING TOLD TO DO SO. HE WAS MAKING CHOPPING MOTIONS WITH HIS HAND, HE HESITATED, AND HE DID NOT SPEED UP DURING TH TASK. TASK THREE, FINGER COUNT; THE INSTRUCTIONS WERE READ AND DEMONSTRATED; HE STARTED BEFORE BEING TOLD TO DO SO, HE DID NOT SPEED UP, AND HE HAD SEVERAL IMPROPER FINGER TOUCHES. DURING THE TASK INSTEAD OF COUNTING HIS FINGERS HE STATED, "BING BANG, BING BONG, BING BANG". TASK FOUR, FINGER TO NOSE; THE INSTRUCTIONS WERE READ AND DEMONSTRATED, TO WHICH HE INDICATED HE UNDERSTOOD. HE MISSED HIS NOSE TWICE BY TOUCHING his UPPER LIP. HE DID NOT TOUCH the TIP OF HIS NOSE WITH his FINGER TIP. HE HAD TO BE TOLD TWICE TO RETURN HIS FINGER BACK TO HIS SIDE AFTER TOUCHING his LIP AND HE WAS TOLD TO KEEP HIS HEAD TILTED BACK TWICE, AND DURING THE ENTIRE TASK HE KEPT HIS LEFT EYE OPEN. TASK FIVE, ALPHABET; HE SANG IT AFTER BEING TOLD NOT TO DO SO TWICE. AFTER the LETTER "G", HE SAID "E, H", AND THEN AFTER THE LETTER "P", HE RESTATED "L,M,N,O", AGAIN. TASK SIX, BACKWARDS COUNT; HE WAS ASKED TO COUNT FROM 89 TO 65; HE HESITATED BETWEEN 89 AND 88 AND THEN AGAIN BETWEEN 84 and 83. AFTER 78 HE STATED 76, AND THEN HESITATED WITH "UHHH..", BETWEEN 76 and 75. HE SKIPPED 75 AND THEN SAID 74 TWICE, MISSED THE NUMBER 70, AND THEN AFTER 68 COUNTING BACKWARDS HE SAID 64 AND THEN STOPPED AFTER THAT. AT THAT TIME I ADVISED THE DEFENDANT THAT WE WOULD GO TO SHORE NEARBY APPROXIMATELY 25 YARDS AWAY TO FINISH the REST OF THE TASKS AND HE AGREED. HIS VESSEL WAS TOWED A BRIEF DISTANCE AND ONCE THERE, I ASSISTED HIM OUT OF HIS BOAT AND WE STARTED THE NEXT TASK. TASK SEVEN, WALK AND TURN; THE INSTRUCTIONS WERE READ AND DEMONSTRATED, TO which HE STATED HE UNDERSTOOD. HE LOST HIS BALANCE DURING THE INSTRUCTIONAL PHASE SEVERAL TIMES. HE ATTEMPTED TO START before BEING TOLD TO DO SO TWICE. HE DID NOT TOUCH HEEL TO TOE AT ALL. HE STEPPED OFF THE LINE THREE TIMES BETWEEN STEP TWO AND THREE, SEVEN AND EIGHT, AND THEN COMING BACK DOWN the LINE AT STEP FIVE AND SIX. HE DID AN IMPROPER TURN AND THE WRONG NUMBER OF STEPS BY COUNTING 14. HE STOPPED AT THAT POINT AND CAME BACK DOWN THE LINE. TASK EIGHT, ONE LEG STAND; THE INSTRUCTIONS WERE READ and DEMONSTRATED, TO which HE INDICATED HE UNDERSTOOD. HE PUT HIS FOOT DOWN FOUR TIMES AND COUNTED "10,1", 10,2" AND THEN "102", AND THEN HE JUST STOPPED COUNTING ALL TOGETHER. HE COUNTED UP TOO 18 AND THEN STOPPED AND WAS UNABLE TO PERFORM the TASK. AT this TIME I ADVISED MR BONANNO THAT I HAD PROBABLE CAUSE TO BELIEVE HE WAS OPERATING his VESSEL WHILE IMPAIRED and HE WAS HANDCUFFED (DOUBLE-LOCKED). HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY CITRUS COUNTY SHERIFF'S OFFICE DEPUTIES. ONCE AT THE DETENTION FACILITY, HE WAS READ HIS IMPLIED CONSENT AND WAS ASKED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH ALCOHOL CONTENT OF which HE COMPLIED. THE FIST SAMPLE WAS .179 AND THE SECOND SAMPLE WAS .168. MR BONANNO WAS ISSUED CITATION V21637, FOR OPERATING A VESSEL UNDER the INFLUENCE OF AN ALCOHOLIC BEVERAGE WITH AN UNLAWFUL BREATH ALCOHOL LEVEL OF .179. MR BONANNO WAS ISSUED AN OUT OF CUSTODY COURT DATE OF 061710, TO APPEAR BEFORE COUNTY JUDGE MARK YERMAN. the VESSEL that WAS OPERATED BY the DEFENDANT HAD BEEN RELEASED TO HIS WIFE ON SCENE AT HIS REQUEST. *NOT-EXEMPT* |
