| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID FHP2740 (AR14-12865) 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; AND 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: A 2000 CHEVROLET 2500 PICKUP TRUCK, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 111914 AT APPROXIMATELY 1927 HOURS, I WAS DISPATCHED TO SOUTH RUN FOR THE ROSES DRIVE AND WEST CROWN OF ROSES LOOP IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL, I MET WITH CITRUS COUNTY SHERIFF'S OFFICE DEPUTY LAURA ANSTEAD AND DRIVERS ONE AND TWO. FURTHER CRASH INVESTIGATION REVEALED DRIVER ONE (DEFENDANT) DROVE LEFT OF CENTER, SUBSEQUENTLY CRASHING OFFSET HEAD-ON INTO AN ONCOMING VEHICLE. UPON MAKING CONTACT WITH THE DEFENDANT, WHO WAS STILL SEATED IN HIS VEHICLE WITH THE KEY IN THE IGNITION, I ASCERTAINED HE WAS UNINJURED. WHILE SPEAKING WITH THE DEFENDANT, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. THE DEFENDANT'S SPEECH WAS SLIGHTLY SLURRED AND WHEN I ASKED HIM TO EXIT HIS VEHICLE, HE WAS UNSTEADY ON HIS FEET. I ASKED THE DEFENDANT IF HE RECALLED WHAT HAPPENED AND HE STATED HE WAS HEADED HOME AND CRASHED INTO THE OTHER VEHICLE. AT 1941 HOURS, I INFORMED THE DEFENDANT THAT I HAD COMPLETED MY CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. I ASKED THE DEFENDANT AGAIN IF HE WAS INJURED AND HE STATED NO. THE DEFENDANT STATED THE ONLY MEDICATION HE CURRENTLY TAKES IS BLOOD PRESSURE MEDICATION AND HE CURRENTLY FEELS FINE. THE DEFENDANT DID STATE HE HAS DIABETES BUT DOES NOT TAKE OR NEED INSULIN. THE DEFENDANT DENIED HAVING ANY PHYSICAL DISABILITIES AND WAS ABLE TO SEE THE TIP OF MY PEN WITHOUT THE USE OF HIS EYEGLASSES. AT THAT TIME I ASKED THE DEFENDANT TO PERFORM FIELD SOBRIETY TASKS. RESULTS TO FOLLOW: TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT DOES WEAR CORRECTIVE LENSES ON A FULL TIME BASIS; HOWEVER, HE STATED HE COULD FOCUS ON THE TIP OF MY PEN WITHOUT THE USE OF HIS EYEGLASSES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. DEFENDANT FAILED TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO PERFORMING THIS TASK, I ASKED HIM TO REMOVE HIS FLIP FLOP SLIPPERS. HE DID REMOVE HIS SLIPPERS AND PERFORMED THIS TASK IN HIS STOCKING FEET ONLY. DURING THIS TASK, THE DEFENDANT HAD DIFFICULTY FOLLOWING INSTRUCTIONS, WAS WEAVING, STUMBLING, FALLING, AND UNABLE TO PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD DIFFICULTY STANDING WITHOUT FALLING AND WAS UNABLE TO PERFORM THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR IMPAIRED DRIVING. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY LAURA ANSTEAD. THE DEFENDANT PROVIDED TWO SAMPLES OF HIS BREATH WITH THE RESULTS OF BEING .226 AND .236 PERCENT ALCOHOL CONTENT. THE DEFENDANT WAS ISSUED A CITATION FOR DUI AND A CITATION FOR DUI WITH PROPERTY DAMAGE, BOTH WITH A MANDATORY COURT DATE OF 121814 AT 1300 HOURS. HE WAS ALSO CITED FOR CARELESS DRIVING. THE DEFENDANT'S BOND SET AT A TOTAL OF $2,000.00. |
