| Probable cause affidavit: |
SUBMITTED BY: LOVULLO, SARA 0723 (AR12-3303) (12-190227) 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 102712 AT APPROXIMATELY 1816 HOURS, I WAS TRAVELLING NORTHBOUND ON SOUTH LECANTO HIGHWAY, AT WHICH TIME I OBSERVED A RED VEHICLE WITH A PAPA JOHNâS SIGN ON THE ROOF OF THE VEHICLE, TRAVELING SOUTHBOUND ON SOUTH LECANTO HIGHWAY NEAR THE INTERSECTION OF SAUNDERS WAY IN LECANTO. I OBSERVED THE VEHICLE TO BE DRIVING IN AN AGGRESSIVE MANNER. THROUGH FURTHER OBSERVATION, I OBSERVED THE SAID VEHICLE TO SWERVE IN AND OUT OF BOTH SOUTHBOUND LANES OF TRAVEL. I OBSERVED IT TO BE CUTTING OFF SEVERAL VEHICLES TRAVELING IN THE SOUTHBOUND LANE. AT THAT TIME I DID A U-TURN IN MY PATROL VEHICLE, AND OBSERVED THE SAID VEHICLE TO NOT MAINTAIN A SINGLE LANE, AS THE VEHICLE SWERVED OVER THE FOG LINE AND INTO THE OTHER LANE. IT APPEARED THAT THE DRIVER ATTEMPTED TO CORRECT THE VEHICLE IN TO THE PROPER LANE, AT WHICH TIME THE VEHICLEâS RIGHT TIRES HIT THE CURB, CAUSING THE VEHICLE TO QUICKLY JERK INTO THE LEFT LANE. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS TO CONDUCT A TRAFFIC STOP OF SAID VEHICLE, WHICH WAS A 2001 RED KIA BEARING FLORIDA LICENSE PLATE BIZG42. THE SAID VEHICLE PULLED OVER ON SOUTH LECANTO HIGHWAY IN FRONT OF THE CFCC (CENTRAL FLORIDA COMMUNITY COLLEGE) PARKING LOT UPON MAKING CONTACT WITH THE DRIVER, I ASKED FOR HIS DRIVER'S LICENSE AND REGISTRATION, AT WHICH TIME HE HANDED ME A BANK CARD. I THEN ASKED HIM AGAIN FOR HIS DRIVER'S LICENSE, AT WHICH TIME HE HANDED ME A FLORIDA DRIVER'S LICENSE, WHICH HE WAS LATER IDENTIFIED AS DRIVER/DEFENDANT, MR VINCENT ZIEGLER. I COULD SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM HIS BREATH, HE ALSO HAD A VERY SLOW REACTION TIME AND A VERY SLOW DRAGGING SPEECH. I FURTHER OBSERVED THERE TO BE APPROXIMATELY FOUR PIZZA BOXES SITTING ON THE FRONT SEAT THAT WERE OPEN AND THE DEFENDANT APPEARED TO HAVE RED SAUCE ON HIS FACE. I THEN ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE DID NOT ANSWER THIS DEPUTY. I ASKED HIM AGAIN IF HE HAD ANYTHING TO DRINK, TO WHICH HE JUST LOOKED AT THIS DEPUTY AND HUNG HIS HEAD DOWN. I THEN ASKED THE DEFENDANT TO EXIT THE VEHICLE AND 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 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 HAD PROBLEMS FOLLOWING INSTRUCTIONS. HE DID NOT TOUCH HEEL TO TOE, AND HE STEPPED OFF OF THE LINE AND LOST HIS BALANCE AFTER TAKING TWO STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, PUT HIS FOOT DOWN ON COUNT NUMBER ONE, NUMBER SIX, NUMBER 12, NUMBER 23 AND NUMBER 25. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED. HE HAD AN EXTREME PROBLEM UNDERSTANDING INSTRUCTIONS. HE MISSED THE TIP OF HIS NOSE WITH THE TIP OF HIS FINGER AND SWAYED WHILE STANDING. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTRATED ON A REASONABLY FLAT LEVEL SURFACE AND ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO 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 SECURED AND LEFT IN THE CENTRAL FLORIDA COMMUNITY COLLEGE PARKING LOT PER THE DEFENDANT. A DRIVER'S RELEASE FORM WAS FILLED OUT, SIGNED AND LATER TURNED INTO RECORDS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.203. 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 718XGA3 WITH A MANDATORY COURT APPEARANCE OF 111512 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
