| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR09107498) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CLONAZEPAM, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND 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; AND did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(a); AND DID VIOLATE FLORIDA STATE STATUTE NUMBER 322.57(2) FOR PROPER ENDORSEMENT NOT ON DRIVER'S LICENSE. ON 020309 AT APPROXIMATELY 1520 HOURS, DEPUTY D STRICKLAND ADVISED HE NEEDED MY ASSISTANCE REFERENCE AN IMPAIRED OPERATOR OF A MOTORCYCLE. UPON MY ARRIVAL A FEW MINUTES LATER, I SPOKE WITH DETECTIVE D STRICKLAND, WHO ADVISED ME THE DRIVER, MR WILLIAM KEITH, DEXTER WAS ACTING STRANGELY AND APPEARED TO BE SEVERELY IMPAIRED, BUT DETECTIVE STRICKLAND ADVISED HE DID NOT SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE. HE ADVISED HE STOPPED THE MOTORCYCLE DUE TO NO TAG BEING DISPLAYED. I THEN MADE CONTACT WITH THE DRIVER, MR WILLIAM KEITH DEXTER (DEFENDANT). THE DEFENDANT WAS SEATED ON A CURB AND WAS SWAYING SIDE TO SIDE APPROXIMATELY TWO INCHES WHILE SEATED. HE HAD VERY BLOOD SHOT EYES, DRY MOUTH WITH A WHITE CRUST ON EITHER SIDE OF HIS LIPS, AND CONSTRICTED PUPILS. I ASKED MR DEXTER WHERE HIS DRIVERS LICENSE WAS AND HE RESPONDED HE DID NOT KNOW. I DID NOT DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH, BUT HIS SPEECH WAS VERY SLOW AND SLURRED. HIS EYELIDS WERE VERY DROOPY AND HE APPEARED TO BE FALLING ASLEEP. 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, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DEFENDANT WAS NOT WEARING GLASSES AND NOT WEARING CONTACTS. THE DEFENDANT HAD EQUAL TRACKING AND EQUAL PUPIL SIZE. THE DEFENDANT HAD LACK OF SMOOTH PURSUIT; SEVER DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION, ONSET PRIOR TO FORTY-FIVE DEGREES, AND NO VERTICAL GAZE NYSTAGMUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS LEFT FOOT FOR APPROXIMATELY TWO SECONDS USED HIS ARMS FOR BALANCE, ALMOST FELL OVER, PLACED HIS FOOT ON THE GROUND, RAISED HIS FOOT BACK UP FOR APPROXIMATELY ONE SECOND, PLACED IT BACK ON THE GROUND, RAISED HIS FOOT A THIRD TIME WITHIN TWO SECONDS, AND LOST HIS BALANCE. THE TASK WAS STOPPED FOR HIS SAFETY. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE TASK WAS PERFORMED ON A REASONABLY FLAT SURFACE WITH A LINE APPROXIMATELY THREE INCHES WIDE. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN START POSITION STEPPED OFF THE LINE, DID NOT TOUCH HEAL TO TOE, TOOK THE WRONG NUMBER OF STEPS, STOPPED WHILE WALKING, RAISED HIS ARMS FOR BALANCE, PERFORMED AN IMPROPER TURN, STEPPED OFF THE LINE, DID NOT TOUCH HEAL TO TOE, TOOK THE WRONG NUMBER OF STEPS, STOPPED WHILE WALKING, AND RAISED HIS ARMS FOR BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH THE TIP OF FINGER TO TIP OF NOSE ONCE. STARTED TO USE THE WRONG HAND, DID NOT KEEP HEAD TILTED BACK OR EYES CLOSED, SWAYED SIDE TO SIDE APPROXIMATELY TWO INCHES SIDE TO SIDE AND FRONT TO BACK APPROXIMATELY TWO INCHES. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. DETECTIVE STRICKLAND STAYED ON SCENE WITH THE DEFENDANT'S VEHICLE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY OFFICER GILBERT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .000 AND .000. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, OPERATING A MOTORCYCLE WITH NO MOTORCYCLE ENDORSEMENT, POSSESSION OF A CONTROLLED SUBSTANCE AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED (DWLSR). THE DEFENDANT'S TOTAL BOND WAS SET AT $3,500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4251-XDX, WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0530-FIR, FOR DWLSR WITH KNOWLEDGE WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0531-FIR, FOR NO MOTORCYCLE ENDORSEMENT WITH A MANDATORY COURT APPEARANCE TO BE SET. I COMPLETED A DRUG RECOGNITION EXPERT EVALUATION. IT IS MY OPINION THAT THE SUSPECT IS UNDER THE INFLUENCE OF A CENTRAL NERVOUS SYSTEM DEPRESSANT AND A NARCOTIC ANALGESIC. AFTER MIRANDA THE SUBJECT ADMITTED TO TAKING AT LEAST FIVE METHADONE PILLS, UNKNOWN STRENGTH, A XANAX BAR, UNKNOWN MILLIGRAM STRENGTH, AND SEVERAL CLONAZEPAM UNKNOWN MILLIGRAM AND DID NOT KNOW HOW MANY HE TOOK. THE DEFENDANT HAD TO BE WOKEN UP SEVERAL TIMES DURING THE EVALUATION. THE DEFENDANT AGREED TO TAKE A URINE TEST. THE FIRST ATTEMPT THE DEFENDANT WAS NOT ABLE TO URINATE. HE WAS PROVIDED SEVERAL GLASSES OF WATER AND A SECOND ATTEMPT WAS CONDUCTED. THE SECOND ATTEMPT TO COLLECT URINE WAS MET WITH NEGATIVE RESULTS. A THIRD ATTEMPT WAS MADE AFTER THE DEFENDANT DRANK MORE GLASSES OF WATER AND WAS ALSO MET WITH NEGATIVE RESULTS. THE DEFENDANT WAS ISSUED A CITATION FOR REFUSING TO SUPPLY A URINE SAMPLE. *NOT-EXEMPT* |
