| Probable cause affidavit: |
SUBMITTED BY: TROOPER TOD CLOUD 0762 (AR14-12520) 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. DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: A 2003 LINCOLN NAVIGATOR, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061. ON 102614, AT APPROXIMATELY 0053 HOURS, I ARRIVED AT THE SCENE OF A TRAFFIC CRASH ON FORT ISLAND TRAIL AT THE INTERSECTION OF PUTTER POINT IN CRYSTAL RIVER. UPON COMPLETING MY TRAFFIC CRASH INVESTIGATION AT THE SCENE, I CHANGED MY LOCATION TO SOUTHEAST CUTLER SPUR BOULEVARD AND SOUTHEAST KINGS BAY DRIVE. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY CRUZ (0517), WHO HAD STOPPED THE HIT AND RUN SUSPECT VEHICLE. UPON COMPLETING MY TRAFFIC CRASH INVESTIGATION, I CONDUCTED A CRIMINAL INVESTIGATION FOR DUI, DUI PROPERTY DAMAGE AND LEAVING THE SCENE OF A TRAFFIC CRASH. THE REASON FOR CONDUCTING THE DUI INVESTIGATION BECAUSE THE DEFENDANT HAD THE ODOR OF AN ALCOHOL BEVERAGES EMITTING FROM HIS BREATH, HE HAD BLOODSHOT EYES AND MUMBLED SPEECH. THE DEFENDANT WAS ALSO UNSTEADY WHILE WALKING AND STANDING. AT APPROXIMATELY 0124 HOURS, I READ THE DEFENDANT, MR WILLIAM FRANKLIN LYCANS, HIS MIRANDA WARNINGS. THE DEFENDANT ADVISED ME THAT HE UNDERSTOOD HIS RIGHTS AND DID NOT WISH TO CONTINUE TO TALK TO ME. I ASKED THE DEFENDANT IF HE WOULD DO SOME FIELD SOBRIETY TASKS AND 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. DURING THIS TASK THE DEFENDANT DID NOT DO WELL. THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO THIS TASK THE DEFENDANT ADVISED ME THAT HE HAD PROBLEMS WITH HIPS BUT HAS NOT SEEN THE DOCTOR FOR IT. THE DEFENDANT DID NOT DO WELL WITH THIS TASK BECAUSE HE STOPPED WALKING TO STEADY HIMSELF, HE DID NOT TOUCH HEEL TO TOE, HE LOST HIS BALANCE SEVERAL TIMES. THE DEFENDANT STEPPED OFF THE LINE, HE DID NOT TAKE THE PROPER NUMBER OF STEPS AND HE DID NOT TURN CORRECTLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT PERFORM WELL BECAUSE HE PUT HIS FOOT DOWN THREE TIMES WITHIN SIX SECONDS AND THEN DID NOT WANT TO CONTINUE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT DO WELL BECAUSE HE FAILED TO POINT FORWARD PRIOR TO TOUCHING HIS NOSE AND MISSED THE TIP OF HIS NOSE WITH THE TIP OF HIS FINGER TWO TIMES WHILE USING HIS RIGHT HAND. TASK FIVE, ROMBERG ALPHABET. THE DEFENDANT DID NOT DO WELL DURING THIS TASK BECAUSE HE SWAYED FORWARDS AND BACKWARDS. AT APPROXIMATELY 0145 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, DUI WITH PROPERTY DAMAGE AND LEAVING THE SCENE OF AN ACCIDENT. THE DEFENDANT WAS READ HIS IMPLIED CONSENT AT 0147 HOURS, 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. AT THAT TIME THE DEFENDANT WAS READ ADDITIONAL INFORMATION FOR REFUSING TO TAKE THE BREATH TEST AND HE REFUSED THE SECOND TIME. BECAUSE OF HIS SIZE, THE DEFENDANT WAS PLACED UNDER ARREST USING TWO SETS OF HANDCUFFS (DOUBLE LOCKED) BEHIND HIM AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY SHERIFF PANETTI. ONCE AT THE JAIL, THE DEFENDANT WAS GIVEN ANOTHER CHANCE TO PERFORM FIELD SOBRIETY TASKS, AT WHICH TIME HE REFUSED TO PERFORM ANY OF THE EXERCISES. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE, A 1998 FORD F150 PICKUP TRUCK WAS REMOVED FROM THE SCENE BY ADAMâS TOWING. AT THE JAIL, THE DEFENDANT WAS READ HIS IMPLIED CONSENT, WHERE HE REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT'S BOND WAS SET AT $2,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI REFUSAL UNIFORM TRAFFIC CITATION NUMBER 1980-XBQ. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A31NBNE, FOR DUI WITH PROPERTY DAMAGE AND CRIMINAL UNIFORM TRAFFIC CITATION NUMBER A31NBOE, FOR LEAVING THE SCENE OF A TRAFFIC CRASH. ALL THREE OF THE CITATIONS HAVE A MANDATORY COURT APPEARANCE OF 112014, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION A31NBME, FOR CARELESS DRIVING. THIS REPORT IS IN REFERENCE TO CASE NUMBER FHPC140FF098508. |
