| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR10116778) drive or was in the actual physical control of a vehicle at a time when HIS blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused DAMAGE to another VEHICLE, to-wit: A WHITE CROWN VICTORIA, in violation of Florida Statute 316.193(3)C(1) ON 091010 AT 2137 HOURS, I RESPONDED TO A TRAFFIC CRASH INVOLVING THE DEFENDANT, MR WILLIAM CHARLES MANGOLD, AND DEPUTY BEHNEN, WHO WAS STOPPED IN THE OUTSIDE LANE OF US HIGHWAY 41 WITH HIS EMERGENCY LIGHTS DISPLAYED. THE WEATHER WAS CLEAR AND CALM WITH LITTLE TO NO WIND. THE ROAD CONDITIONS WERE DRY WITH NO KNOWN DEFECTS. VISIBILITY WAS EXCELLENT. UPON ARRIVAL, I MET WITH MR MANGOLD TO BEGIN MY CRASH INVESTIGATION. UPON MAKING CONTACT WITH MR MANGOLD, I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON; HIS EYES WERE WATERY AND GLASSY AND HIS SPEECH WAS SLURRED, THICK- TONGUED AND MUSH-MOUTHED. I ALSO OBSERVED A PRESCRIPTION BOTTLE IN THE CUP HOLDER, BETWEEN THE SEATS. I REQUESTED MR MANGOLD PROVIDE ME WITH HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. MR MANGOLD PROVIDED ME WITH HIS DRIVER'S LICENSE AND THE PROOF OF INSURANCE. I HAD TO ASK MR MANGOLD THREE MORE TIMES FOR THE REGISTRATION. WHILE HE WAS LOOKING FOR THE REGISTRATION, I OBSERVED MR MANGOLD LOOK AT AND PASS OVER THE REGISTRATION APPROXIMATELY THREE TO FIVE TIMES. I FINALLY POINTED OUT TO MR MANGOLD THAT HE WAS HOLDING THE REGISTRATION IN HIS HANDS. I ASKED MR MANGOLD TO HAND ME THE PRESCRIPTION BOTTLE AND I OBSERVED IT WAS ISSUED TO HIM FOR DIOVAN, 320 MILLIGRAMS. I ASKED MR MANGOLD WHERE HE WAS COMING FROM AND IF HE HAD HAD ANYTHING TO DRINK. MR MANGOLD STATED HE WAS COMING FROM THE VFW AND HAD HAD FOUR DRINKS. AT THAT TIME, I REQUESTED MR MANGOLD TO STEP FROM HIS VEHICLE. I OBSERVED MR MANGOLD AS HE DID SO AND NOTICED HE SWAYED, STAGGERED, USED THE CAR FOR SUPPORT AND WAS UNSTEADY IN MOVEMENTS. I DIRECTED MR MANGOLD TO A PLACE ON THE SIDEWALK IN FRONT OF MY PATROL VEHICLE AND LEFT HIM IN THE PRESENCE OF DEPUTY CALLAHAN. I REPOSITIONED THE IN-CAR CAMERA SYSTEM AND RETURNED TO MR MANGOLD TO BEGIN FIELD SOBRIETY TASKS. PRIOR TO BEGINNING THE TASKS, IT WAS DETERMINED MR MANGOLD HAD PREVIOUS INJURIES INCLUDING HIS LEFT KNEE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS (HGN:) THIS TASK WAS EXPLAIN AND DEMONSTRATED. DURING THIS TASK THERE WAS LACK OF SMOOTH PURSUIT IN BOTH EYES, ONSET PRIOR TO 45 DEGREES IN BOTH EYES. TASK TWO, WALK AND TURN:. THIS TASK WAS EXPLAINED AND DEMONSTRATED. DURING THIS TAKE, MR MANGOLD STEPPED OFF THE LINE ON STEP THREE; FAILED TO TOUCH HEEL TO TOE ON STEPS 3, 5, 6, 7, 8, 9 ON THE FORWARD NINE STEPS. ON THE RETURN NINE STEPS, HE STEPPED OFF THE LINE AT STEP FOUR; FAILED TO TOUCH HEEL TO TOE ON STEPS 4,7,8 AND NEARLY FELL DOWN ON STEP NINE. TASK THREE ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED. DURING THIS TASK, MR MANGOLD WAS NOT ABLE TO PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED. DURING THIS TASK, MR MANGOLD DID NOT IMMEDIATELY RETURN HIS ARM TO HIS SIDE; TOUCHED UNDER HIS NOSE AND THEN THE TIP OF HIS NOSE ON THE LAST LEFT COMMAND. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED INCIDENT TO ARREST, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION CENTER FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE A ROTATION WRECKER SERVICE WAS CALLED FOR THE DEFENDANT'S VEHICLE. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 1959-RPA9, FOR CARELESS DRIVING. HE WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 1960-RPA2, FOR FAILURE TO MOVE OVER FOR A LAW ENFORCEMENT OFFICER. THE DEFENDANT WAS ISSUED A FLORIDA DUI CRIMINAL CITATION, CITATION NUMBER 8624-XBI7, FOR DUI WITH PROPERTY DAMAGE. *NOT-EXEMPT* |
