| Probable cause affidavit: |
SUBMITTED BY: NEWTON, LAURA 0459 (AR11121659) 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(1); ON 071011, I WAS RETURNING FROM HOMOSASSA SPRINGS ON WEST YULEE DRIVE AND AS I HAD COME AROUND THE TURN AT THE OLD MILL TAVERN, I OBSERVED A VEHICLE PULLING OUT OF THE PARKING LOT. I ALLOWED THE VEHICLE TO PULL OUT IN FRONT OF ME, BECAUSE I INTENDED ON CHECKING BUSINESSES AS I HEADED TOWARDS HOMOSASSA AND I DID NOT WANT TO BLOCK THE VEHICLE'S RIGHT OF WAY. AS THE VEHICLE PULLED OUT ONTO WEST YULEE DRIVE, IT IMMEDIATELY RAN OFF THE ROAD AND AS IT RECOVERED, IT CROSSED THE CENTER LANE AND THEN BACK INTO HIS LANE. UPON NOTICING THIS, I CHOSE TO CONTINUE TO FOLLOW THE VEHICLE TO OBSERVE ITS DRIVING PATTERN. THE VEHICLE CROSSED THE CENTER LANE AT LEAST FIVE MORE TIMES AND CROSSED THE WHITE LINE ON THE OUTSIDE OF THE LANE AT LEAST TWICE WHILE ON YULEE DRIVE. AS THE VEHICLE TURNED ONTO WEST HALLS RIVER ROAD, IT ACCELERATED RAPIDLY UP TO 65 MILES PER HOUR (MPH) IN A 35 MILES PER HOUR (MPH) ZONE. THE DRIVER CONTINUED TO HAVE DIFFICULTY MAINTAINING THE VEHICLE IN THE LANE. I CONTACTED DISPATCH AND PROVIDED THEM WITH FLORIDA TAG NUMBER "F138LM" AND ADVISED THEM I INTENDED TO STOP THE VEHICLE AS SOON AS WE WERE IN A SAFE AREA TO DO SO. AS WE APPROACHED HIGHWAY 19 ON WEST HALLS RIVER ROAD, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE SILVER NISSAN ALTIMA. I MADE CONTACT WITH THE DRIVER AND REQUESTED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. I ASKED THE DRIVER WHERE HE WAS COMING FROM, TO WHICH HE ADVISED THE OLD MILL TAVERN. AS THE DRIVER CONTINUED TO LOOK FOR HIS VEHICLE REGISTRATION, I ASKED HIM IF HE HAD BEEN DRINKING TO WHICH HE STATED THAT HE HAD. THE DRIVER ADVISED THAT HE HAD THREE BEERS THAT WERE APPROXIMATELY EIGHT OUNCES EACH. I THEN ADVISED THE DRIVER THAT I HAD STOPPED HIM FOR FAILING TO MAINTAIN A SINGLE LANE AND DRIVING LEFT OF THE CENTER LANE. THE DRIVER THEN PROVIDED ME WITH HIS FLORIDA DRIVER'S LICENSE NUMBER "M652925543070" IDENTIFYING HIM AS THE DEFENDANT, MR WILLIAM MORGAN. I ASKED THE DEFENDANT IF HE WOULD PARTICIPATE IN FIELD SOBRIETY TESTING TO WHICH HE ADVISED THAT HE WOULD. AT THAT TIME, DEPUTY TAYLOR ARRIVED ON SCENE AND I RETURNED TO MY PATROL VEHICLE TO RUN THE DEFENDANT THROUGH FCIC/NCIC. I REPOSITIONED MY PATROL VEHICLE AND IN CAR VIDEO CAMERA. AFTER DOING SO, I RETURNED TO THE DEFENDANT'S VEHICLE AND ASKED THE DEFENDANT IF HE WOULD STILL PERFORM FIELD SOBRIETY TESTING. THE DEFENDANT COMPLIED. WHILE THE DEFENDANT WAS STILL SEATED IN HIS VEHICLE, I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS. THE DEFENDANT STATED THAT HE CURRENTLY SUFFERED FROM KIDNEY STONES AND A HERNIA, BUT ADVISED THAT IT DID NOT PREVENT HIM FROM WALKING, STANDING AND TURNING. THE DEFENDANT EXITED THE VEHICLE AND WE WALKED TO THE FRONT OF MY PATROL VEHICLE. AT THAT POINT AS THE DEFENDANT BEGAN TO SPEAK, I COULD SMELL A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DEFENDANT WAS ALSO UNSTEADY ON HIS FEET AND LOST HIS BALANCE WHILE WALKING TO THE FRONT OF MY PATROL VEHICLE. 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. I ALSO HAD TO ASK THE DEFENDANT FOUR TIMES NOT TO MOVE HIS HEAD DURING THE TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT MAINTAIN HIS BALANCE DURING THE INSTRUCTIONS. HE DID NOT TOUCH HEEL TO TOE NOR DID THE DEFENDANT WALK ON THE STRAIGHT LINE. THE DEFENDANT ALSO USED HIS ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO RESTART THREE TIMES AND HAD DIFFICULTY COUNTING PAST SEVEN. THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE EVEN THOUGH HIS HEEL WAS RESTED ON THE GROUND. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 LEFT ON SCENE SECURED IN THE PARKING LOT OF THE EAGLE BUICK DEALERSHIP FOR HIS WIFE TO RETRIEVE. 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 .174 AND .173. 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 4533-XDX-4 WITH A MANDATORY COURT APPEARANCE ON 072811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING CITATION NUMBER 323423B FOR DRIVING LEFT OF THE CENTER LANE. A COPY OF THE IN CAR VIDEO WAS TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
