| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR15-15934) 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 080115 AT APPROXIMATELY 1249 HOURS, I RESPONDED TO 504 NORTHEAST HIGHWAY 19, CRYSTAL RIVER, IN REFERENCE TO A MOTOR VEHICLE ACCIDENT. UPON MY ARRIVAL, I MADE CONTACT WITH MR WAYNE GIBBS (DEFENDANT), WHO WAS DRIVING A VOLKSWAGEN VEHICLE. I ASKED HIM WHAT HAD HAPPENED AND IN A VERY SLOW MANNER HE EXPLAINED TO ME THAT HE WAS TRAVELING SOUTHBOUND ON U S HIGHWAY 19, IN THE RIGHT HAND LANE, AND COULD NOT STOP IN TIME; THEREFORE, HE STRUCK THE REAR OF A TOYOTA PICKUP TRUCK, WHICH WAS PARKED AT THE RED LIGHT AT NORTHEAST 5TH STREET. I ASKED TO SEE HIS DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE, AT WHICH TIME, HE HANDED ME HIS PROOF OF INSURANCE. AFTER A MOMENT WENT BY, I ASKED TO SEE HIS REGISTRATION AND DRIVER'S LICENSE. HE THEN GAVE ME HIS DRIVER'S LICENSE. I THEN ASKED TO SEE HIS REGISTRATION. HE THEN PROVIDED THE REGISTRATION. DURING THIS TIME, I COULD SEE THAT HIS REACTIONARY TIME TO MY QUESTIONS WAS IN A SLOW MANNER. I REQUESTED BACKUP, AT WHICH TIME, DEPUTY REYNOLDS (1267) RESPONDED. I THEN MADE CONTACT WITH THE WITNESS, MR BRADLEY HALL, WHO WAS DRIVING A TOYOTA PICKUP TRUCK. HE DID PROVIDE ME WITH HIS DOCUMENTS AND STATED THAT HE WAS PARKED IN THE RIGHT HAND SOUTHBOUND LANE OF HIGHWAY 19 AT NORTHEAST 5TH STREET, FOR THE RED LIGHT. HE EXPLAINED THAT MR GIBBS VEHICLE HIT HIM IN THE LEFT REAR TAIL LIGHT AND GLANCED OFF. HE DID EXPLAIN TO ME THAT HE WAS CONCERNED FOR MR GIBBS' WELL BEING, BECAUSE HE SEEMED TO BE IMPAIRED. I THEN INSPECTED BOTH VEHICLES AND CONCLUDED THAT THE DAMAGE TO THE LEFT REAR OF MR HALL'S VEHICLE MATCHED THE DAMAGE TO THE FRONT RIGHT OR MR GIBBS' VEHICLE. A TRAFFIC CRASH REPORT WAS INITIATED. BOTH PARTIES WERE ISSUED AGENCY CASE CARDS, BEARING MY NAME AND THE CASE NUMBER (15-100598), AND E-MAILED A COPY OF THE TRAFFIC CRASH REPORT. MR GIBBS WAS SUBSEQUENTLY FOUND AT FAULT FOR THE CRASH AND ISSUED CITATION NUMBER A126HKP, FOR CARELESS DRIVING, IN THE AMOUNT OF $166.00, PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY COURT HOUSE. AFTER MY TRAFFIC CRASH WAS COMPLETE, I DID ADVISE MR GIBBS THAT I WAS NO LONGER INVESTIGATING A TRAFFIC CRASH, I WAS NOW INVESTIGATING A POSSIBLE DRIVING UNDER THE INFLUENCE (DUI) VIOLATION. I READ MR GIBBS HIS MIRANDA RIGHTS VIA A PREPRINTED CARD AND ASKED HIM IF HE UNDERSTOOD. HE STATED YES. I ASKED IF HE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS FOR ME. HE STATED YES. 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 DID NOT. I THEN ASKED HIM IF HE WAS CURRENTLY ON ANY MEDICATIONS, TO WHICH HE STATED YES ALPRAZOLAM 10 MILLIGRAMS AND HE HAD TAKEN ONE PILL TODAY. I ALSO ASKED IF HE HAD CONSUMED ANY ALCOHOL, TO WHICH HE STATED TWO BEERS THIS MORNING. TASK ONE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ABLE TO SUCCESSFULLY COMPLETE THE TASK. AT THAT TIME, THE LOCATION TO PERFORM THE TASKS WAS RELOCATED TO A BUILDING OVERHANG, DUE TO HEAVY RAINFALL. A VIDEO WAS UNABLE TO BE CONDUCTED AT THAT LOCATION. TASK TWO, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CONDUCTED HIS ALPHABET AT A VERY FAST PACE, RUNNING HIS LETTERS INTO EACH OTHER. TASK THREE, ONE LEGGED STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE, USED A NEARBY WALL, AND DID NOT LOOK DOWN AT HIS FOOT. TASK FOUR, 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 FIVE, PALM PAT TEST. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT OVER-COUNTED HIS PATS WHILE NOT CONTINUING TO TURN HIS HAND OVER. WALK AND TURN COULD NOT BE COMPLETED, DUE TO THE LIMITED SPACE AND INCLEMENT WEATHER. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, AND READ HIS IMPLIED CONSENT FROM A PREPRINTED CARD., TO WHICH HE AGREED TO A TEST OF HIS BREATH. DEPUTY REYNOLDS REMAINED ON SCENE AND COMPLETED A TOW SHEET, WHERE THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. AT THAT TIME, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS TURNED OVER TO BREATH TEST OPERATOR METZ. OFFICER METZ DID ADVISE ME THAT HE WOULD NOT ANSWER ANY QUESTIONS; HOWEVER, AGREED TO THE BREATH TEST WHERE HE WAS ABLE TO OBTAIN TWO SAMPLES, ONE BEING .171 AND ONE BEING .166. THE DEFENDANT'S CRIMINAL HISTORY WAS RAN, WHERE I WAS ABLE TO LOCATE A PRIOR DUI CONVICTION ON 102993. HE WAS THEN ISSUED DUI CITATION NUMBER 4746XDX4, WITH A MANDATORY COURT DATE OF 082015 AT 1300 HOURS, AT THE CITRUS COUNTY COURT HOUSE. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DUI SECOND CONVICTION, WITH HIS BOND SET AT $1,000.00. HIS LICENSE WAS SURRENDERED AND HE IS NOT ELIGIBLE FOR A PERMIT, DUE TO HIS PREVIOUS DUI. |
