| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR13-4668) 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: THE DEFENDANT STRUCK TWO VEHICLES IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON 022613, I WAS DISPATCHED TO US HIGHWAY 41 SOUTH, JUST NORTH OF EAST SUNRAY LANE IN FLORAL CITY, IN REFERENCE TO A THREE VEHICLE ACCIDENT. UPON ARRIVAL, I MADE CONTACT WITH THE PARTIES INVOLVED, ALONG WITH TWO SEPARATE WITNESSES. ALL PARTIES ADVISED THAT THEY OBSERVED THE DEFENDANT DRIVING A SMALL GREEN PICKUP TRUCK NORTHBOUND ON US HIGHWAY 41, JUST NORTH OF EAST SUNRAY LANE, WITH NO HEADLIGHTS ON. AT SOME POINT, THE SMALL GREEN PICKUP TRUCK CROSSED THE CENTER LINE FROM THE NORTHBOUND LANE TO THE SOUTHBOUND LANE AND STRUCK A LARGE SEMI-TRACTOR TRAILER. AFTER THE GREEN PICKUP TRUCK STRUCK THE TRACTOR TRAILER, IT THEN STRUCK A DARK COLORED HUMMER WHICH WAS TRAVELING DIRECTLY BEHIND THE TRACTOR TRAILER IN THE SOUTHBOUND LANE, THIS CAUSED THE GREEN PICKUP TRUCKâS LEFT WHEEL AREA TO BECOME DISABLED AND THE SMALL GREEN PICKUP SLID ON THE ROAD BACK ACROSS THE SOUTHBOUND LANE ON TO THE NORTH SIDE OF THE ROAD AND CAME TO REST AGAINST THE GUARD RAIL. UPON MAKING CONTACT WITH THE DRIVER OF THE SMALL GREEN TRUCK, WHO WAS STILL SITTING BEHIND THE VEHICLE OF SAID VEHICLE BEARING FLORIDA LICENSE PLATE J260JV. I IDENTIFIED HIM THROUGH HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR WILLIAM G THOMPSON. THIS DEPUTY OBSERVED THE DEFENDANT TO HAVE A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH, AS WELL AS VERY SLOWING DRAGGING SPEECH, GLASSY, BLOOD SHOT EYES AND A SLOW REACTION TIME. EMS (EMERGENCY MEDICAL SERVICES) WAS CONTACTED, RESPONDED TO THE SCENE AND CLEARED THE DEFENDANT, WHO REFUSED TREATMENT AND ADVISED THAT HE DID NOT WISH TO BE TRANSPORTED TO THE HOSPITAL. I THEN COMPLETED MY TRAFFIC CRASH INVESTIGATION WALKED BACK OVER AND MADE CONTACT WITH THE DEFENDANT, WHO WAS STILL SITTING IN THE DRIVERâS SEAT OF THE GREEN PICKUP. I ASKED HIM TO EXIT HIS VEHICLE AND ASKED HIM TO WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE. UPON THE DEFENDANT EXITING THE VEHICLE, HE APPEARED TO HAVE A VERY SLOW REACTION TIME AND WAS SOMEWHAT UNSTEADY ON HIS FEET. AT THIS POINT, I EXPLAINED TO THE DEFENDANT THAT I WAS CHANGING HATS FROM A CIVIL TRAFFIC CRASH INVESTIGATION TO A CRIMINAL DUI (DRIVING UNDER THE INFLUENCE) INVESTIGATION. I THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE UNDERSTOOD HIS RIGHTS. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THAT TIME, TO WHICH HE ADVISED THAT HE WOULD SPEAK TO ME. 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 THAT HE DID NOT. HE WAS ASKED IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PREVIOUSLY TODAY AND HE ADVISED THAT HE HAD AND HE STATED THAT HE WAS BASICALLY AN ALCOHOLIC. 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 ALSO HAD PROBLEMS FOLLOWING INSTRUCTIONS DURING THIS TASK. 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 AND DID NOT TAKE THE CORRECT AMOUNT OF STEPS. THE DEFENDANT TOOK 13 STEPS UP AND 19 STEPS BACK AND DID NOT COUNT HIS STEPS ALOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN AND COULD NOT FOLLOW INSTRUCTIONS AND ADVISED THAT HE COULD NOT DO THIS TASK TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED AND MISSED THE TIP OF HIS NOSE SEVERAL TIMES. TASK FIVE, ROMBERG ALPHABET. THE DEFENDANT WAS ASKED WHAT WAS THE LAST GRADE HE HAD COMPLETED IN SCHOOL AND HE ADVISED HIGH SCHOOL. HE ALSO ADVISED THAT HE KNEW HIS ALPHABET, HOWEVER HE ADVISED THAT HE COULD NOT RECITE IT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND LATER CHARGE WITH DUI PROPERTY DAMAGE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK. . THE DEFENDANT WAS REMINDED OF HIS MIRANDA WARNINGS AND HE 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 TOWED BY TONYâS BODY SHOP. THE DEFENDANT WAS THEN SECURED IN THE REAR OF DEPUTY C HOLLOWAYâS PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HE SUBMITTED TO THE APPROVED TEST OF HIS BREATH WITH THE RESULTS BEING .271 AND .263. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, TWO COUNTS, WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7225XGA9 WITH A MANDATORY COURT APPEARANCE ON 031413 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6902WQB8, FOR DRIVING ON THE WRONG SIDE OF THE ROAD WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS CLERK OF COURTS. THE FIELD SOBRIETY TASKS WERE FILMED BY THE IN CAR VIDEO CAMERA AND A COPY OF THE VIDEO WILL BE TURNED IN TO EVIDENCE. |
