| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR12124472) THE DEFENDANT 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(1) AND THE DEFENDANT did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired and by reason of such operation, did cause damage TO the property of another, to-wit: A CONSTRUCTION SIGN AND A CONSTRUCTION BARREL, in violation of Florida Statute 316.193(3)(A)(B)(C)(1) ON 012012 AT APPROXIMATELY 0250 HOURS, I WAS ADVISED THAT MEDIC UNIT 25 WAS FOLLOWING A PICKUP TRUCK TRAVELING WEST ON WEST NORVELL BRYANT HIGHWAY, IN THE EASTBOUND LANE. WHILE EN ROUTE, I WAS FURTHER ADVISED THAT THE PICKUP TRUCK, BEARING FLORIDA TAG F565XP, CROSSED OVER NORTH LECANTO HIGHWAY AND WAS TRAVELING IN THE MEDIAN OF WEST NORVELL BRYANT HIGHWAY AT A HIGH RATE OF SPEED. THE PICKUP TRUCK THEN STRUCK A CONSTRUCTION SIGN AND A BARREL. THE PICKUP TRUCK PULLED OVER ON THE NORTH SIDE OF WEST NORVELL BRYANT HIGHWAY, APPROXIMATELY FOUR HUNDRED YARDS WEST OF THE CONSTRUCTION AREA AND APPROXIMATELY ONE QUARTER MILE EAST OF LKQ. I ARRIVED ON SCENE SHORTLY AFTER CANINE DEPUTY VIGGIANO AND OBSERVED AN ORANGE CONSTRUCTION BARREL IN FRONT OF THE BLUE FORD RANGER PICKUP TRUCK. THE DRIVER, IDENTIFIED AS THE DEFENDANT MR WILFRED SURBER, WAS SITTING ON THE TAILGATE OF THE PICKUP TRUCK. I MADE CONTACT WITH MR SURBER AND ASKED WHERE HE LIVED. MR SURBER HAD DIFFICULTY SPEAKING AND HIS SPEECH WAS SLURRED. THERE WAS AN ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND HIS BREATH. WHEN MR SURBER COULD NOT REMEMBER WHERE HE LIVED, I ASKED HIM FOR THE NAME OF HIS STREET. AFTER A SHORT PAUSE, MR SURBER ADVISED RAY STREET. I THEN ADVISED MR SURBER THAT I WAS INVESTIGATING HIS ABILITY TO OPERATE A MOTOR VEHICLE SAFELY. I ASKED MR SURBER IF HE HAD HAD ANYTHING ALCOHOLIC TO DRINK TONIGHT, TO WHICH HE STATED NO. I ASKED WHEN THE LAST TIME WAS THAT HE HAD HAD ANYTHING ALCOHOLIC TO DRINK AND HE AGAIN ADVISED NO. I ASKED MR SURBER WHEN HE HAD LAST EATEN AND HE ADVISED THREE DAYS AGO. I ASKED IF HE HAD NOT EATEN IN THREE DAYS AND HE AGAIN STATED NO. I ASKED MR SURBER WHAT HE HAD LAST HAD TO EAT And he stated a hamburger. i then asked when he had eaten the hamburger and he did not answer. i asked if he had taken any legal or illegal narcotics and he advised no. i asked if he was on any prescription medications and he advised no. i then asked if he had any problems with his eyes and he advised no. i asked if he had any PHYSICAL problems with his back, knees or legs and he advised no. i then asked mr surber if he would submit to a series of field sobriety taskS and he stated okay. task one, horIZONTAL GAZE NYSTAGMUS. this task was explained and demonstrated to MR SURBER. during this task, MR SURBER did not move his eyes at all. when asked to watch the pen, he moved his head. MR SURBER DID THIS SEVERAL TIMES. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR SURBER. I HAD TO ASK MR SURBER SEVERAL TIMES TO CLOSE HIS EYES AND TILT HIS HEAD BACK IN ORDER TO BEGIN THE TASK, HOWEVER, MR SURBER WAS UNABLE TO TILT HIS HEAD BACK AND CLOSE HIS EYES AT THE SAME TIME. MR SURBER WAS EXTREMELY UNSTEADY ON HIS FEET AND DUE TO HIS LEVEL OF INTOXICATION, HIS INABILITY TO UNDERSTAND SIMPLE INSTRUCTIONS AND THE DANGER OF INJURY, NO OTHER TASKS WERE ATTEMPTED. MR SURBER WAS PLACED UNDER ARREST, 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, MR SURBER'S VEHICLE WAS SECURED AND LEFT ON SCENE AT HIS REQUEST. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY I STOPPED TO LOOK AT THE CONSTRUCTION SIGN WHICH MR SURBER HAD STRUCK. THE SIGN HAD BEEN SPUN AROUND 180 DEGREES, WAS FACING THE WRONG WAY AND WAS PARTIALLY IN THE DRIVING LANE. THERE WAS ALSO A PIECE OF MR SURBER'S VEHICLE'S SIDE VIEW MIRROR ON THE GROUND NEXT TO THE CONSTRUCTION SIGN. CANINE DEPUTY VIGGIANO AND I MOVED THE SIGN OUT OF THE DRIVING LANE AND TURNED IT AROUND. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS AND IMPLIED CONSENT, ON CAMERA, BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .236 AND .241. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS CHARGED WITH DUI WITH PROPERTY DAMAGE, ALSO WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8824-XBI1, WITH A MANDATORY COURT APPEARANCE ON 020912 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8825-XBI2, FOR DUI WITH PROPERTY DAMAGE, ALSO WITH A MANDATORY COURT APPEARANCE ON 020912 AT 1300 HOURS. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 9540-RHU2, FOR CARELESS DRIVING, WITH A FINE OF $166.00 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *not-exempt* |
