| Probable cause affidavit: |
SUBMITTED BY: CORBIN, TERRY 0288 (AR12-2662) THE DEFENDANT DID DRIVE OPERATE HIS UNREGISTERED MOTOR VEHICLE IN THE COUNTY OF CITRUS ON 090912 WHILE IMPAIRED. HE SUBMITTED TO A SERIES OF FIELD SOBRIETY TASKS AND PERFORMED POORLY AND WAS ISSUED NUMEROUS CITATIONS. ON 090912, I RESPONDED TO WEST YULEE DRIVE IN the AREA OF WEST BRESLER COURT IN HOMOSASSA IN REFERENCE TO A REPORTED TRAFFIC CRASH. UPON MY ARRIVAL, I FOUND WHAT WAS LATER DETERMINED TO BE THE DEFENDANT’S VEHICLE ON THE EAST SIDE OF WEST YULEE DRIVE. IT WAS apparent THE VEHICLE HAD BEEN TRAVELING SOUTHBOUND WHEN IT RAN OFF THE ROAD ON THE EAST SIDE OF THE ROAD, IMPACTED A LARGE TREE WITH ENOUGH FORCE TO ROTATE THE VEHICLE AROUND NINETY DEGREES. UPON APPROACHING THE DRIVER/DEFENDANT, MR WILLIAM JERAMY FOWLER, WHO WAS STANDING WITH THE HOOD UP, I DETERMINED THAT HE WAS NOT INJURED AND COMPLETED A CRASH REPORT. WHILE SPEAKING TO THE DEFENDANT, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. HIS SPEECH WAS SLURRED, HIS FACE FLUSH AND HIS EYES GLASSY. THE DEFENDANT STATED HE HAD LEFT THE OLD MILL LOUNGE AFTER HAVING BEEN AT MACRAE’S BOATHOUSE. HE STATED HE RAN OFF THE ROAD DUE TO FAULTY STEERING AND RAN INTO A TREE. THE DEFENDANT HAD AN ABRASION/OPEN WOUND ON HIS RIGHT SHIN WITH FRESH BLOOD. HE TOLD ME THAT HIS LEG HAD STRUCK BENEATH THE DASH WHEN HE CRASHED. UPON LOOKING INSIDE THE VEHICLE, I DID FIND SOME SKIN AND FRESH BLOOD BENEATH THE DASH AS WELL AS AN OPEN NATURAL LIGHT BEER BOTTLE WHICH WAS THREE QUARTERS EMPTY, COLD TO THE TOUCH AND HAD CONDENSATION ON IT. THE BEER WAS IN DRINK CONTAINER IN THE CENTER BETWEEN THE TWO SEATS. AFTER COMPLETING MY TRAFFIC CRASH REPORT, I EXPLAINED TO MR FOWLER THAT MY CRASH REPORT WAS COMPLETE AND THAT I WAS BEGINNING A CRIMINAL INVESTIGATION IN REFERENCE TO DRIVING UNDER THE INFLUENCE (DUI.) I TOLD HIM HE DID NOT HAVE TO ANSWER ANY QUESTIONS IN REFERENCE TO HIS CRASH. I THEN ASKED HIM IF HE WOULD REPEAT TO ME HIS PREVIOUS STATEMENTS IN REFERENCE TO WHERE HE HAD BEEN DRIVING FROM AND HOW THE CRASH HAD HAPPENED. MR FOWLER COMPLIED. I ASKED HIM HOW MUCH HE HAD HAD TO DRINK AND HE STATED “AT LEAST A SIX PACK.” AT THAT TIME, EMERGENCY MEDICAL SERVICES (EMS) ARRIVED AND TREATED MR FOWLER’S WOUND . HE WAS ADVISED HE SHOULD PROBABLY GET STITCHES AND HE REFUSED, STATING HE HAS HAD WORSE CUTS FROM HIS CHAIN SAW. THE BLEEDING ON MR FOWLER’S LEG HAD STOPPED AND IT WAS BANDAGED. AT THAT TIME, I ASKED MR FOWLER IF HE would CONSENT TO PERFORMING A SERIES OF FIELD SOBRIETY TASKS AND HE STATED HE WOULD. AT THAT TIME, I ACTIVATED MY IN-CAR CAMERA AND EXPLAINED A SECOND TIME TO MR FOWLER THAT MY CRASH INVESTIGATION WAS COMPLETE, THAT I WAS CONDUCTING A CRIMINAL INVESTIGATION FOR DUI AND REQUESTED THAT HE SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS AND HE AGAIN STATED HE WOULD, USING THE WHITE FOG LINE, WHICH WAS SMOOTH AND FLAT, FOR THE FIELD 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 HE HAD A BAD LEFT KNEE BUT RUNS HIS OWN LAWN CARE BUSINESS. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, DID NOT COUNT OUT LOUD, STEPPED OUT OF LINE SEVERAL TIMES, TOOK FIFTEEN STEPS INSTEAD OF NINE, MADE AN INCORRECT TURN, DID NOT TOUCH HEEL TO TOE, STEPPED OUT OF LINE SEVERAL TIMES, DID NOT COUNT OUT LOUD, TOOK THIRTEEN STEPS INSTEAD OF NINE AND USED ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS RIGHT LEG, DID NOT KEEP THE LEG STRAIGHT, USED HIS ARMS FOR BALANCE, PLACED HIS FOOT ON THE GROUND PRIOR TO SEVEN SECONDS, HOPPED AND SWAYED AND WAS UNABLE TO COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH THE FINGER TO THE TIP OF HIS NOSE ON FOUR OF SIX ATTEMPTS AND DID NOT RETURN HIS HAND TO HIS SIDE AFTER AN ATTEMPT ON FOUR OF SIX. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS. 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 HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT’S PROPERTY, INCLUDING CIGARETTES, TWO LIGHTERS, A CELL PHONE AND A PAIR OF NEEDLE NOSE PLIERS, WERE PLACED INSIDE OF HIS VEHICLE. DEPUTY SUDLOW/0759, WHO WAS PRESENT DURING THE FIELD SOBRIETY TASKS, REMAINED ON SCENE AWAITING ALL PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .184 AND .178. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4396-XDX2, WITH A MANDATORY COURT APPEARANCE ON 092712 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7481-WLQ4, FOR UNREGISTERED MOTOR VEHICLE; UNIFORM TRAFFIC CITATION NUMBER 7483-WLQ6, FOR CARELESS DRIVING; AND UNIFORM TRAFFIC CITATION NUMBER 7482-WLQ5, FOR NO PROOF OF INSURANCE. |
