| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 (AR11118762) 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 UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). (AND) DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED FOR DRIVING UNDER THE INFLUENCE (DUI), DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 011011 AT APPROXIMATELY 1900 HOURS, I OBSERVED A SMALL GOLD PICKUP TRUCK FAIL TO COME TO A COMPLETE STOP AT THE STOP SIGN AT THE INTERSECTION OF CANARY PALM AND WEST OAKLAWN STREET. THE DRIVER THEN TURNED WEST ONTO WEST OAK LAWN STREET AND TURNED SOUTH ONTO SOUTH ISABELLE TERRACE. UPON INITIATING MY OVERHEAD LIGHTS THE DRIVER THEN PULLED INTO A DRIVEWAY AT THE INTERSECTION OF ISABELLE TERRACE AND WEST OAKLAWN STREET. WHILE POSITIONING MY PATROL VEHICLE BEHIND THE GOLD PICKUP TRUCK, THE DRIVER PUT THE VEHICLE IN REVERSE AND BEGAN BACKING TOWARD MY PATROL VEHICLE. AT THAT TIME I ACTIVATED MY SIREN AND THE VEHICLE CAME TO A STOP. THE DRIVER IMMEDIATELY ATTEMPTED TO EXIT THE VEHICLE, AT which TIME I ORDERED THE DRIVER BACK INTO THE VEHICLE. UPON MAKING CONTACT WITH THE DRIVE, MR WILLIAM FOOSE, LATER IDENTIFIED AS THE DEFENDANT, I ADVISED HIM THAT HE HAD NOT COME TO A COMPLETE STOP AT THE STOP SIGN AT CANARY PALM AND WEST OAKLAWN STREET. AT THAT TIME I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE FOR THE VEHICLE. THE DEFENDANT STATED THE VEHICLE WAS NOT his AND HE HAD BORROWED IT FROM A FRIEND AND THAT HE DID NOT HAVE A LICENSE BECAUSE IT WAS SUSPENDED. AT THAT TIME I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND UPON HIM STEPPING OUT I OBSERVED HIS EYES TO BE BLOOD SHOT AND GLAZED OVER, AND I DETECTED AN ODOR OF ALCOHOL COMING FROM HIS PERSON. I THEN RAN THE DEFENDANT'S INFORMATION THROUGH D.A.V.I.D., WHICH REVEALED HIS LICENSE TO BE REVOKED FOR FIVE YEARS FOR DRIVING UNDER THE INFLUENCE ON 07/14/08. THE DRIVER ALSO HAD MULTIPLE SUSPENSIONS FOR FAILURE TO PAY COURT FINANCIAL OBLIGATIONS. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING OR HAD ANYTHING TO DRINK TODAY, AT WHICH TIME HE REPLIED, "YES, I JUST BOUGHT A BOTTLE OF JIM BEAM AND HAD TAKEN A SWIG OUT OF IT." I THEN ASKED THE DRIVER IF I COULD SEARCH THE VEHICLE, AT WHICH TIME HE REPLIED, YES. DEPUTY VICK CONDUCTED A SEARCH OF THE VEHICLE, WHICH REVEALED A 750 MILLILITER BOTTLE OF JIM BEAM LOCATED INSIDE THE VEHICLE. THE BOTTLE HAD A BROKEN SEAL AND A MINOR AMOUNT OF ALCOHOL MISSING FROM THE BOTTLE. AT THAT TIME I ASKED THE DEFENDANT IF I COULD PAT HIM DOWN, AND HE REPLIED, GO AHEAD. UPON PATTING DOWN THE DEFENDANT I LOCATED A 305 CIGARETTE BOX IN THE DEFENDANT'S LEFT SHIRT POCKET. THE CIGARETTE BOX CONTAINED ONE PARTIALLY SMOKED CANNABIS CIGARETTE AND A FULL UNSMOKED CANNABIS CIGARETTE, WITH A COMBINED WEIGHT OF APPROXIMATELY 0.2 GRAMS. I ASKED THE DEFENDANT WHAT WAS IN THE CIGARETTE BOX AND THE DEFENDANT REPLIED, "IT'S MY WEED". AT THAT TIME THE DEFENDANT WAS ASKED IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS. 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 MULTIPLE BACK SURGERIES AND TITANIUM RODS IN HIS BACK. 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 THE DEFENDANT HAD TROUBLE TOUCHING THE TIP OF MY PEN. 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 WAS UNABLE TO KEEP HIS HEAD FROM MOVING WHILE ATTEMPTING TO FOLLOW THE PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HIS BACK WAS HURTING BUT AGREED TO COMPLETE THE TASK. WHILE EXPLAINING THE TASK THE DEFENDANT WAS REPEATEDLY TOLD NOT TO BEGIN UNTIL TOLD TO DO SO. THE DEFENDANT FAILED TO TOUCH HEEL TO TOE ON ALL STEPS, AND AFTER THE DEFENDANT TURNED AROUND ON HIS NINTH STEP, HE HAD STUMBLED, ALMOST FALLING, AND CONTINUED TO WALK OFF OF THE LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE DEMONSTRATING THE TASK TO THE DEFENDANT HE REPEATEDLY BEGAN TO DO THE TASK BEFORE BEING TOLD TO DO SO. THE DEFENDANT STATED HE WAS UNABLE TO COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE DEMONSTRATING THE TASK TO THE DEFENDANT HE REPEATEDLY BEGAN THE TASK BEFORE BEING TOLD TO DO SO. DURING THE TASK THE DEFENDANT WAS TOLD TO BRING HIS RIGHT FINGER TO his NOSE AND UPON DOING SO HE BEGAN TO MOVE HIS LEFT ARM. THE DEFENDANT WAS UNABLE TO TOUCH HIS NOSE WITH his FINGER ON ANY PORTION OF THE TASK. THE DEFENDANT WAS ASKED TO PLACE HIS LEFT FINGER ON HIS NOSE AND THE DEFENDANT BEGAN TO MOVE HIS RIGHT ARM. THE DEFENDANT WAS UNABLE TO DISTINGUISH BETWEEN RIGHT AND LEFT WHEN TOLD TO DO SO. TASK FIVE RHOMBERG ALPHABET TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE DEMONSTRATING THE TASK TO THE DEFENDANT HE BEGAN THE TASK MULTIPLE TIMES BEFORE BEING TOLD TO DO SO. THE DEFENDANT WAS UNABLE TO SPEAK THE RHOMBERG ALPHABET AND WAS ONLY ABLE TO RECITE IT IN A SINGING MANNER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO REGISTERED OWNER. 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 .181 AND .183. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH TWO PRIOR CONVICTIONS FOR DUI, WITH A $5,000.00 BOND PER THE BOND SCHEDULE. HE WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4268-XDX-6, WITH A MANDATORY COURT APPEARANCE DATE OF 012711, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5360-GJX-X, FOR DRIVING ON A SUSPENDED DRIVER'S LICENSE (KNOWINGLY) WITH COURT DATE OF 012711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE, AND UNIFORM TRAFFIC CITATION NUMBER 5361GJX-1 FOR OPEN CONTAINER, WITH FINE OF $166.00 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO CHARGED WITH POSSESSION OF MARIJUANA UNDER 20 GRAMS AND CHARGED WITH DRIVING WHILE LICENSE SUSPENDED/REVOKED FOR A DUI SUSPENSION, WITH A BOND OF $10,000.00. DEFENDANT'S TOTAL BOND $15,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
