| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR1082) THE DEFENDANT, MR WAYNE PERRY WALKER, 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. THE DEFENDANT, MR WAYNE PERRY WALKER, DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). THE DEFENDANT, MR WAYNE PERRY WALKER, DID DRIVE A MOTOR VEHICLE UPON THE HIGHWAY IN THE STATE OF FLORIDA WITHOUT A VALID DRIVER’S LICENSE AS SET FORTH IN THIS CHAPTER, IN VIOLATION OF FLORIDA STATE STATUTE 322.03(1). THE DEFENDANT, MR WAYNE PERRY WALKER, DID KNOWINGLY ATTACH TO A VEHICLE A LICENSE PLATE WHICH WAS NOT ISSUED NOR LAWFULLY TRANSFERRED TO SAID VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 320.261. ON 050912 DEPUTY CHRISTOPHER HOLLOWAY WAS AT THE LOCATION OF GOBBLER DRIVE, AND US HIGHWAY 41/NORTH FLORIDA AVENUE, FUELING HIS VEHICLE AT THE CIRCLE K GAS STATION, WHEN HE DID OBSERVE A BLUE IN COLOR HARLEY DAVISON MOTORCYCLE, BEARING TAG 7198KP, ROLL THROUGH THE STOP SIGN AT THE INTERSECTION NEXT TO THE CIRCLE K. THE MOTORCYCLE THEN STALLED WHILE ON NORTH FLORIDA AVENUE. AT THAT POINT, DEPUTY HOLLOWAY PROCEEDED NORTH ONTO NORTH FLORIDA AVENUE IN HIS PATROL VEHICLE, AND SHORTLY THEREAFTER CAUGHT UP TO SAID MOTORCYCLE. DEPUTY HOLLOWAY THEN PERFORMED A TRAFFIC STOP ON THIS MOTORCYCLE, WHICH HAD PULLED INTO A DRIVEWAY, LOCATED NEAR US HIGHWAY 41/NORTH FLORIDA AVENUE AND EAST WATSONS STREET. DEPUTY HOLLOWAY APPROACHED THE DRIVER OF THE MOTORCYCLE, WHO WAS HAVING DIFFICULTY PUTTING THE VEHICLE IN PARK AND HAD PROBLEMS FINDING NEUTRAL. THE OPERATOR THEN DISMOUNTED HIS MOTORCYCLE AND PROCEEDED TO WALK TOWARDS THE FRONT OF DEPUTY HOLLOWAY’S PATROL VEHICLE. DEPUTY HOLLOWAY ADVISED THAT THE OPERATOR WAS STAGGERING AND UNEASY ON HIS FEET. DISPATCH ADVISED DEPUTY HOLLOWAY THAT THE TAG NUMBER ON THE LICENSE PLATE WHICH HE HAD RAN AS ATTACHED TO THE MOTORCYCLE, WAS NOT ASSIGNED TO THAT VEHICLE. THE DRIVER THEN HANDED DEPUTY HOLLOWAY A FLORIDA IDENTIFICATION CARD, IDENTIFYING HM AS THE DEFENDANT, MR WAYNE P WALKER. DEPUTY HOLLOWAY ASKED HIM THE DEFENDANT IF HE HAD A VALID DRIVER’S LICENSE, TO WHICH THE DEFENDANT STATED THAT NO, HE DID NOT. DEPUTY HOLLOWAY DID CHECK VIA TELETYPE AND CONFIRMED THAT THE DEFENDANT HAD NO VALID FLORIDA DRIVER’S LICENSE, AND ONLY A FLORIDA IDENTIFICATION CARD. IT WAS LATER DETERMINED THAT THE DEFENDANT HAD HAD AT ONE TIME, A PENNSYLVANIA DRIVER’S LICENSE WHICH HAD LONG EXPIRED. A CURRENT CHECK OF THE DEFENDANT’S FLORIDA IDENTIFICATION CARD SHOWED THAT IT HAD BEEN SUSPENDED IN 2010, FOR FAILURE TO PAY A SEAT BELT CITATION. DUE TO THE CONDITION THE DRIVER WAS IN, DEPUTY HOLLOWAY CONTACTED THIS DEPUTY. I THEN DID RESPOND TO THE SCENE, AND MADE CONTACT WITH THE DEFENDANT AND DEPUTY HOLLOWAY. THE DEFENDANT HAD AN ODOR OF ALCOHOLIC BEVERAGE STRONGLY EMANATING FROM HIS BREATH, AND HAD GLASSY, BLOODSHOT EYES, APPEARED TO BE THICK TONGUED, AND HAD A HARD TIME CONCENTRATING. AT THAT POINT, I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOL PREVIOUSLY, TO WHICH HE ADVISED A SIX PACK OF BEER. THE DEFENDANT DID APPEAR TO BE HEAVILY UNDER THE INFLUENCE OF ALCOHOL. 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 ADVISED THAT HE HAD BAD KNEES, BUT THAT OTHERWISE, HE DID NOT. THE DEFENDANT WAS THEN WALKED A SHORT DISTANCE TO A FLAT, LEVEL SURFACE IN FRONT OF MY PATROL VEHICLE. 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 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 TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REFUSED TO ATTEMPT THIS SOBRIETY TEST, AND WOULD NOT COOPERATE WITH ANY FURTHER TESTS. AT THAT POINT IN TIME I ADVISED THE DEFENDANT THAT, BASED ON MY KNOWLEDGE AND FIELD EXPERIENCE, AS WELL AS MY OBSERVATIONS OF HIS BEHAVIOR THAT HE WAS GOING TO BE ARRESTED FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS THEN HANDCUFFED, AND WALKED A SHORT DISTANCE TO MY PATROL VEHICLE, WHERE HE WAS PATTED DOWN AND SEARCH BY DEPUTY HOLLOWAY; WHO DISCOVERED, IN FRONT OF MYSELF AND DEPUTY SCHAEFFER, IN THE DEFENDANT’S RIGHT FRONT PANTS POCKET, A SMALL CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE, WHICH APPEARED TO BE CANNABIS. SHORTLY THEREAFTER, THE DEFENDANT WAS ADVISED OF HIS MIRANDA RIGHTS, VIA PREPRINTED AGENCY CASE CARD, AT WHICH POINT THE DEFENDANT DID ADVISE THAT HE WISHED TO CONTINUE TO SPEAKING TO THIS DEPUTY. 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. HOWEVER, THE DEFENDANT DID ACKNOWLEDGE THAT THE GREEN SUBSTANCE FOUND IN THE BAGGIE IN HIS POCKET WAS INDEED CANNABIS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PUSHED INTO HIS DRIVEWAY BY HIS FRIEND AND ROOMMATE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8800XBI4 WITH A MANDATORY COURT APPEARANCE OF 052412 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7078WLQ8, FOR DRIVING WITHOUT A VALID FLORIDA DRIVER’S LICENSE, WITH A MANDATORY COURT DATE OF 052412 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE, AND WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 1973GJX7 FOR ATTACHING A TAG NOT ASSIGNED, WITH A COURT DATE OF 052412 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, POSSESSION OF LESS THAN TWENTY GRAMS OF CANNABIS, OPERATING A VEHICLE WITHOUT A VALID DRIVER’S LICENSE, AND WITH ATTACHING A TAG TO VEHICLE NOT ASSIGNED, WITH A TOTAL BOND SET AT $1,250.00. IT SHOULD BE NOTED THAT THE SOBRIETY TASKS WERE VIDEOTAPED VIA IN CAR CAMERA, FOOTAGE OF WHICH WILL BE TURNED INTO EVIDENCE. |
