| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR14-8731) 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 011414 DEPUTY SANCHEZ (1242) AND DEPUTY LABORDA (0735) WERE DISPATCHED TO 2690 WEST LAREDO DRIVE, DUNNELLON, IN REFERENCE TO SOMEONE TRYING TO BREAK IN TO THE RESIDENCE. THE COMPLAINANT ADVISED THAT THERE WAS SOMEONE BANGING ON THE DOORS AND TRYING TO GET IN TO THE GARAGE. THE COMPLAINANT HAD CALLED IN AND ADVISED THAT THE SUSPECT WAS A MR BILL JONES, WHO WAS A WHITE MALE IN HIS 50âS. THE COMPLAINANT ADDED THAT MR JONES WAS DRIVING A WHITE U HAUL TRUCK, WHICH WAS NOW AT THE RESIDENCE, PARKED AT THE FRONT LAWN, BY THE FRONT DOOR. THE DEPUTIES WERE ALSO ADVISED THAT THIS WAS POSSIBLY A CIVIL DISPUTE BETWEEN THE LANDLORD AND SUBJECT ON SCENE. UPON ARRIVAL, DEPUTY LABORDA AND DEPUTY SANCHEZ OBSERVED THE DEFENDANT, WHO WAS LATER IDENTIFIED THROUGH HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR WILLIAM SCOTT JONES. THEY OBSERVED THE DEFENDANT COMING OUT FROM BEHIND THE DRIVERâS WHEEL OF A U HAUL TRUCK, AND THEN PULLED THE KEYS OUT OF THE IGNITION OF THE VEHICLE. UPON MAKING CONTACT WITH THE DEFENDANT, BOTH DEPUTIES ADVISED THAT THEY OBSERVED THAT THE DEFENDANT APPEARED TO BE UNDER THE INFLUENCE OF POSSIBLY AN ALCOHOLIC BEVERAGE OR A CONTROLLED SUBSTANCE(S). THEY THEN CONTACTED THIS TRAFFIC DEPUTY TO RESPOND TO THE SCENE. I RESPONDED TO SAID LOCATION, AND MADE CONTACT WITH THE DEFENDANT. UPON MAKING CONTACT WITH HIM, I NOTICED AN ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMANATING FROM HIS BREATH, AND NOTICED THAT HE HAD A VERY SLOW REACTION TIME. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, AND HE ADVISED THAT HE HAD CONSUMED THREE BEERS TODAY. 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. THE DEFENDANT STATED THAT BOTH OF HIS KNEES WERE âSHOTâ, THAT HE HAD A BAD BACK, AND THAT HE TOOK MULTIPLE MEDICATIONS. I ASKED THE DEFENDANT TO WALK A SHORT DISTANCE AWAY FROM THE DRIVEWAY TO THE FRONT OF MY PATROL VEHICLE TO PERFORM ROADSIDE SOBRIETY 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 COULD NOT FOLLOW INSTRUCTIONS AND COULD NOT FOLLOW THE PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TWICE ATTEMPTED TO BEGIN PRIOR TO THE INSTRUCTIONS BEING EXPLAINED. THE DEFENDANT DID NOT TOUCH HEEL TO TOE, DID NOT COUNT ALOUD, AND DID NOT COMPLETE THIS TASK. THE DEFENDANT APPEARED TO BE POSSIBLY FAKING A PHYSICAL AILMENT, ADVISING THAT HE DOES HAVE SEIZURES. THE DEFENDANT DID NOT APPEAR TO BE HAVING A SEIZURE. THE DEFENDANT WAS ASKED IF HE WAS OK, AND HE EVENTUALLY SAID THAT HE WAS OK. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. IN THE PROCESS OF BEING EXPLAINED AND DEMONSTRATED, THE DEFENDANT ADVISED THAT HE COULD NOT PERFORM THIS TASK. TASK FOUR, ROMBERG ALPHABET TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ASKED WHAT THE HIGHEST GRADE OF EDUCATION HE HAD COMPLETED WAS, TO WHICH HE ADVISED THE 8TH GRADE. THE DEFENDANT THEN STATED THAT HE HAD OBTAINED A G.E.D., AND THAT HE HAD BEEN A PARATROOPER IN THE MILITARY. I ASKED THE DEFENDANT TO RECITE THE ALPHABET FROM âAâ TO âZâ. ON THE FIRST ATTEMPT, THE DEFENDANT WENT FROM âAâ TO âTâ AND THEN STOPPED. ON HIS SECOND ATTEMPT, THE DEFENDANT WAS ABLE TO COMPLETE THE RECITATION OF THE ALPHABET. A SHORT TIME LATER, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, AND ASKED IF HE UNDERSTOOD HIS RIGHTS AND WISHED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT ADVISED THAT HE DID UNDERSTAND HIS RIGHTS, AND WOULD CONTINUE TO SPEAK WITH ME. 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 GIVE AN AFFIRMATIVE OR NEGATIVE RESPONSE TO THIS QUESTION. THE DEFENDANT REQUESTED THAT HIS MEDICATION IN THE U HAUL VEHICLE BE BROUGHT WITH HIM. DEPUTIES THEN RETRIEVED THIS MEDICATION, WHICH WAS TRANSPORTED WITHIN TO THE CITRUS COUNTY DETENTION FACILITY. DURING THIS TIMEFRAME, THE DEFENDANT ADVISED THAT HE WANTED A LAWYER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS MOVED OFF OF THE LAWN, AND PLACED ACROSS THE STREET FROM THE RESIDENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY SANCHEZ. THE DEFENDANT WAS READ HIS IMPLIED CONSENT ONCE MORE, AND HE REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH OR URINE. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, BEARING CITATION NUMBER 8727XBI1, WITH A MANDATORY COURT APPEARANCE ON 020614 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
