| Probable cause affidavit: |
SUBMITTED BY: FLORIDA HIGHWAY PATROL TROOPER CLOUD (AR15-16698) 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: TWO VEHICLES THE DEFENDANT, MR WAYNE WOLFE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) 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. 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. 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. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE. THE DEFENDANT LOST BALANCE WHILE WALKING, USED ARMS FOR BALANCE, AND TOOK AN INCORRECT NUMBER OF STEPS BACK. THE DEFENDANT ALSO TURNED THE INCORRECT WAY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO PERFORM BECAUSE HE WAS IN DANGER OF FALLING DUE TO HIS MEDICAL PROBLEMS HE STATED HE HAD. AN OPTIONAL FIELD SOBRIETY TASK WAS PERFORMED, WHICH WAS THE FINGER TO NOSE TASK. THE DEFENDANT MISSED THE TIP OF HIS NOSE WITH THE TIP OF HIS FINGER. HE USED THE WRONG HAND AND FORGOT TO REMOVE HIS FINGER. ANOTHER OPTIONAL FIELD SOBRIETY TASK TO ROMBERG BALANCE WAS NOT PERFORMED BECAUSE THE DEFENDANT STATED HE DID NOT KNOW HIS ABCâS. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE 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, AND ALSO AGREED TO A URINE TEST. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED AND TURNED OVER TO HIS MOTHER, MS KAY R COUEY. THE DEFENDANT WAS HANDCUFFED (IN THE FRONT) DUE TO MEDICAL ISSUES AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .000. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS THEN ISSUED FIVE FLORIDA UNIFORM TRAFFIC CITATIONS, CITATION NUMBER A4VHLEE FOR DRIVING UNDER THE INFLUENCE. CITATION NUMBER A4VHLFE FOR DRIVING UNDER THE INFLUENCE, WITH PROPERTY DAMAGE. BOTH OF THOSE CITATIONS WERE GIVEN A TRAFFIC COURT DATE OF 102215, AT 1300 HOURS. CITATION NUMBER A4VHLGE FOR CARELESS DRIVING. CITATION NUMBER A4VHLHE FOR FAILURE TO EXHIBIT A DRIVER'S LICENSE ON DEMAND, AND CITATION NUMBER A4VHLIE FOR VIOLATION OF RESTRICTION NO CORRECTIVE LENSES. THE FLORIDA HIGHWAY PATROL (FHP) CASE NUMBER ASSIGNED WAS FHPC15OFF099929. ON 100415, AT APPROXIMATELY 2110 HOURS, I ARRIVED AT THE SCENE OF A PARKING LOT CRASH AT THE MARATHON GAS STATION CONVENIENCE STORE, LOCATED AT 6241 WEST CARDINAL STREET. UPON COMPLETING MY TRAFFIC CRASH INVESTIGATION I THEN TURNED MY TRAFFIC CRASH INVESTIGATION OVER TO A CRIMINAL INVESTIGATION FOR A DRIVING UNDER THE INFLUENCE INVESTIGATION. AT APPROXIMATELY 2146 HOURS THE DEFENDANT WAS READ HIS MIRANDA WARNINGS. THE DEFENDANT ADVISED ME HE UNDERSTOOD HIS RIGHTS AND THAT HE WOULD SPEAK WITH ME. THE REASON FOR THE DRIVING UNDER THE INFLUENCE INVESTIGATION WAS THAT THE DEFENDANT APPEARED TO HAVE THE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS PERSON. HE HAD BLOOD SHOT EYES, HE SWAYED WHILE STANDING AND WALKING, AND HE HAD MUMBLED SPEECH. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING AND HE STATED HE DID NOT HAVE ANYTHING TO DRINK. I ASKED HIM IF HE WAS ON ANY KIND OF MEDICATIONS OR ILLEGAL DRUGS AND HE STATED HE TOOK SLEEPING PILLS AND ZOLOFT. I ASKED THE DEFENDANT WHEN HE LAST SLEPT AND HE SAID THREE DAYS AGO. I THEN PERFORM THE FIELD SOBRIETY TASKS. AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS ASKED TO GIVE A URINE SAMPLE. THE SAID REQUEST WAS AT APPROXIMATELY 2316 HOURS BEFORE A BREATH TEST. THE DEFENDANT WAS THEN TAKEN IN FOR A BREATH TEST. THE BREATH TEST RESULTS WERE .000. |
