| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR11123398) 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 110111 AT APPROXIMATELY 2145 HOURS, I RESPONDED TO 74 DOUGLAS STREET IN HOMOSASSA IN REFERENCE TO AN IMPAIRED DRIVER. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY NEWTON, WHO ADVISED ME THAT SHE HAD RECEIVED A CALL OF A VEHICLE THAT WAS PARKED IN THE MIDDLE OF THE ROADWAY. SHE STATED THAT SHE OBSERVED A 2000 BLACK FORD PICKUP F-350 BEARING FLORIDA LICENSE PLATE 464XLE PARKED IN THE MIDDLE OF THE ROADWAY WITH A WHITE MALE DRIVER IDENTIFIED AS THE SUSPECT, MR WILLIAM DETELLEM, PASSED OUT AT THE WHEEL. THE VEHICLE WAS RUNNING AND THERE WAS AN EMPTY BOTTLE OF MICHELOB ULTRA 12 OZ BOTTLE IN THE CENTER CONSOLE WHICH WAS EMPTY AND FELT COLD TO THE TOUCH. DEPUTY NEWTON STATED THAT BEFORE I ARRIVED ON SCENE, SHE HAD TURNED OFF THE VEHICLE FOR SAFETY REASONS. I THEN MADE CONTACT WITH THE DEFENDANT, MR WILLIAM DETELLEM, WHO WAS STILL INCOHERENT. I IDENTIFIED MYSELF AS A CITRUS COUNTY SHERIFF'S OFFICE DEPUTY. HE ADVISED HE WAS JUST RESTING. I ASKED HIM IF HE KNEW WHERE HE WAS, TO WHICH HE STATED YES. I DETECTED A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. HE HAD SLURRED SPEECH AND HIS EYES WERE GLASSY AND BLOODSHOT. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, TO WHICH HE REFUSED TO REPLY. I ASKED HIM WHERE HE WAS COMING FROM, TO WHICH HE ADVISED FROM A FRIEND'S HOUSE AND THAT HE HAD JUST GOTTEN A TATTOO FROM HIGH OCTANE. I THEN ASKED FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. AFTER I ASKED HIM SEVERAL TIMES, HE PROVIDED ME WITH HIS DRIVER'S LICENSE BUT FAILED TO PROVIDE ME WITH HIS REGISTRATION OR PROOF OF INSURANCE. I THEN REQUESTED THE DEFENDANT TO EXIT HIS VEHICLE. THE DEFENDANT THEN STARTED TO STUMBLE AND STAGGER. I ASKED HIM TO STEP BACK TO THE REAR OF HIS VEHICLE, TO WHICH HE STARTED WALKING IN CIRCLES AND HE APPEARED TO BE UNSTEADY ON HIS FEET. 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 HAD A PROBLEM WITH HIS LEFT FOOT WHICH HE HAD BROKEN A COUPLE OF YEARS AGO, BUT THIS WOULD NOT HINDER HIM FROM PERFORMING THE TASKS. 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 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. THE DEFENDANT REMOVED HIS COWBOY BOOTS PRIOR TO PERFORMING PHYSICAL TASKS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOLD ME THAT HE CAN'T DO IT BECAUSE HIS BONES DID NOT WORK THAT WAY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO RAISE HIS RIGHT FOOT APPROXIMATELY 6" OFF THE GROUND AS INSTRUCTED. WHILE KEEPING HIS RIGHT FOOT ON THE GROUND HE COUNTED 1-1001 THROUGH 1-1013, SKIPPED 1-1014 AND STOPPED AT 1-1015. THE DEFENDANT THEN STOPPED THE TASK. THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET AND SWAYING BACK AND FORTH. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS, DID NOT TILT HIS HEAD BACK AND HE WAS UNSTEADY ON HIS FEET AT TIMES SWAYING FROM LEFT TO RIGHT. THE TASKS WERE ALL SUBMITTED ON A FLAT LEVEL SURFACE WITH ALL OBSTACLES REMOVED. 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 DID NOT REPLY TO THE REQUEST FOR HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO FRIENDS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .209 AND .198. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 4964XDX1 WITH A MANDATORY COURT APPEARANCE ON 111711 AT 1300 HOURS, 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
