| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (AR14-11634) (14-112497) 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 081514, WHILE PATROLLING NORTH CITRUS SPRINGS BOULEVARD, I OBSERVED THE DEFENDANT'S VEHICLE, BEARING FLORIDA TAG Q029XJ, DRIVING WESTBOUND ON NORTH CITRUS SPRINGS BOULEVARD IN THE EASTBOUND LANE. A TRAFFIC STOP WAS INITIATED ON NORTH CITRUS SPRINGS BOULEVARD AND NORTH ARGO WAY. I ASKED THE DRIVER FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE SUBJECT TOOK AN EXTREMELY LONG TIME TO LOOK FOR HIS REGISTRATION AND INSURANCE PASSING OVER IT SEVERAL TIMES BEFORE BEING ABLE TO LOCATE IT. I THEN ASKED HIM FOR HIS DRIVER'S LICENSE, WHICH HE WAS UNABLE TO LOCATE AND HIS WALLET WAS SITTING IN BETWEEN HIS LEGS. I THEN INFORMED HIM HIS WALLET WAS IN BETWEEN HIS LEGS WHERE HE STARTED TO PULL OUT HIS MONEY AND WAS ASKED AGAIN TO PRODUCE HIS DRIVER'S LICENSE. I OBSERVED FROM MY VANTAGE POINT THAT THE DEFENDANT HAD VERY SLOW MOVEMENT, THAT HIS EYES WERE GLOSSY AND SLIGHTLY RED. I THEN QUESTIONED HIM IF HE HAD BEEN DRINKING WHERE HE STATED HE HAD A COUPLE OF BEERS. I THEN HAD THE DEFENDANT TO GET OUT OF HIS VEHICLE WHERE I QUESTIONED HIM IF HE COULD PERFORM SOME SOBRIETY TASKS. 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. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, THE DEFENDANT ADVISED HE NEEDED GLASSES FOR READING. 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. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYES. THE DEFENDANT CONTINUED TO TURN HIS HEAD LEFT AND RIGHT AND THEN LOOK AWAY FROM THE TIP OF MY PEN. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO OBTAIN HIS BALANCE COUNTING TO TWO AND THEN PUTTING HIS FOOT DOWN. THE DEFENDANT THEN ATTEMPTED TO LEAN UP AGAINST HIS VEHICLE TO PREVENT HIMSELF FROM FALLING AND WAS UNABLE TO MAINTAIN HIS BALANCE DURING THE TASK AND STOPPED AFTER THE COUNT OF FOUR. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT WALK HEEL TO TOE AND HAD POOR BALANCE. HE ALSO USED HIS HANDS TO TRY AND BALANCE. TASK FOUR, ROMBERG ALPHABET. DURING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT COULD READ AND WRITE THE ENGLISH LANGUAGE AND HAD A GED. THE DEFENDANT DID NOT TILT HIS HEAD BACK OR CLOSE HIS EYES BUT WAS ABLE TO RECITE HIS ALPHABET SLOWLY. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT WAS ASKED TO TOUCH HIS FINGER TO HIS NOSE WITH HIS RIGHT HAND WHERE HE TOUCHED THE TOP OF HIS FOREHEAD. HE WAS THEN ASKED TO DO TOUCH HIS FINGER TO HIS NOSE USING HIS LEFT HAND, WHERE HE TOUCHED THE TOP OF HIS FOREHEAD. I THEN ASKED HIM TO REPEAT THIS AGAIN WITH HIS RIGHT HAND WHERE HE AGAIN TOUCHED THE TOP OF HIS FOREHEAD. 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 IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD, WHERE HE DID NOT ANSWER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO THE DEFENDANT'S MOTHER-IN-LAW. 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 .172, .156 AND .169. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 5987-XDH1, WITH A MANDATORY COURT APPEARANCE OF 091114 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING, NUMBER 381192B, FOR DRIVING DOWN THE WRONG SIDE OF THE ROADWAY. |
