| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR09108979) 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(1) ON 050909 AT APPROXIMATELY 0200 HOURS WHILE SITTING IN THE PARKING LOT OF SUNCOAST SCHOOLS FEDERAL CREDIT UNION, I OBSERVED A DODGE MINIVAN, TAN IN COLOR, STOP IN THE ROADWAY ON WEST GULF TO LAKE HIGHWAY FOR AN UNKNOWN REASON. THIS DREW MY ATTENTION TO THE VEHICLE AND AS I WATCHED THE VEHICLE FOR A MINUTE, IT ACCELERATED AT A FAST SPEED CAUSING THE VEHICLE'S TIRES TO PEEL OUT MAKING A LOUD SQUEALING NOISE. I PULLED OUT ON TO WEST GULF TO LAKE HIGHWAY AND OBSERVED THE VEHICLE TURN ON TO US HIGHWAY 19. AT THAT TIME, THE VEHICLE AGAIN STOPPED IN THE MIDDLE OF THE ROAD. AS I APPROACHED THE DEFENDANT'S VEHICLE IN MY PATROL VEHICLE, THE DEFENDANT'S VEHICLE PULLED INTO THE PARKING LOT OF THE MACDONALD'S RESTAURANT. I OBSERVED THE DRIVER OF THE VEHICLE TO HAVE A DIFFICULT TIME ATTEMPTING TO BACK THE VEHICLE INTO A PARKING SPACE. ONCE THE VEHICLE WAS PARKED, I GOT OUT OF MY PATROL VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR WALTER S TERHUNE, IV. I IMMEDIATELY NOTICED THAT THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL DUE TO A MODERATE SMELL OF ALCOHOL EMANATING FROM HIS BREATH AND PERSON FROM APPROXIMATELY TWO TO THREE FEET AWAY. THE DEFENDANT'S EYES WERE GLASSY, HIS SPEECH WAS SLURRED AND HE WAS UNSTEADY ON HIS FEET. I INFORMED THE DRIVER/DEFENDANT THAT I A\WANTED HIM SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE AGREED. 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 HE DID HAVE MEDICAL DISABILITIES IN HIS LEGS. 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. THE DEFENDANT COULD NOT FOLLOW THE PEN WITHOUT MOVING HIS HEAD FROM LEFT TO RIGHT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNSTEADY ON HIS FEET AND DID NOT WALK HEEL TO TOE ON SEVERAL STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ATTEMPTED THE TASK AND WAS UNABLE TO MAINTAIN HIS BALANCE WITH EITHER FOOT. THE DEFENDANT REFUSED TO CONTINUE WITH THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD PROBLEMS FOLLOWING THE INSTRUCTIONS. THERE WAS A LONG PAUSE BETWEEN THE INSTRUCTIONS OF WHICH ARM THE DEFENDANT WAS TO USE. ALSO THE DEFENDANT DID NOT TOUCH HIS FINGER TO THE TIP OF HIS NOSE. TASK FIVE, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO PERFORMING THIS TASK THE DEFENDANT WAS ASKED WHAT HIS HIGHEST LEVEL OF EDUCATION WAS, TO WHICH HE STATED HE FINISHED COLLEGE. I ASKED THE DEFENDANT IF HE KNEW HIS ABC'S AND COULD RECITE THEM WITHOUT SINGING. TO WHICH HE ADVISED HE WOULD TRY. DURING THIS TASK, THE DEFENDANT DID NOT RECITE HIS ALPHABET WITHOUT MIXING UP SEVERAL OF THE LETTERS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULT BEING .223. AT THAT TIME, THE DEFENDANT REFUSED TO SUPPLY A SECOND BREATH SAMPLE, LEAVING ONLY ONE BREATH SAMPLE REGISTERED 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, CITATION NUMBER 7276-XAD, WITH A MANDATORY COURT APPEARANCE ON 052809 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. FURTHER DETAILS OF THIS INCIDENT WERE RECORDED BY MY IN-CAR CAMERA. SEE THE DVD RELATED TO THIS CASE. *NOT-EXEMPT* |
