| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR11118997) 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) AND DRIVE A MOTOR VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, FAILED TO STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE OR FAILED TO RETURN TO THE SCENE, IN VIOLATION OF FLORIDA STATE STATUTE 316.061(1) ON 012511 AT APPROXIMATeLY 1918 HOURS, I WAS DISPATCHED TO THE AREA OF 1297 NORTH HUNT CLUB DRIVE IN HERNANDO IN REFEReNCE TO traffic crash involving property damage. while en route, diSpATCH advised that the complainant, mr steven codraro, STATED the driver of vehicle, who appeaRed to be intoxicated, had left the area on foot heading toward beagle run drive. UPON ARRIVAL, I OBSERVED THE VEHICLE, LATER IDENTIFIED AS BELONGING TO THE DEFENDANT, SIDEWAYS IN THE STREET WITH SEVERE FRONT END DAMAGE. THE VEHICLE HAD IMPACTED A LARGE MULTI-UNIT CONCRETE MAILBOX. I MADE CONTACT WITH THE COMPLAINANT WHO ADVISED HE HAD HEARD A LOUD CRASH AND WHEN HE WENT OUTSIDE TO INVESTIGATE, HE SAW THE DEFENDANT ATTEMPTING TO LEAVE IN THE VEHICLE. THE COMPLAINANT ADVISED THAT HE MADE CONTACT WITH THE DEFENDANT WHO BEGGED HIM NOT TO CONTACT LAW ENFORCEMENT AND BE A GOOD NEIGHBOR. THE COMPLAINANT ADVISED WHEN HE TOLD THE DEFENDANT HE WAS CALLING LAW ENFORCEMENT, THE DEFENDANT LEFT THE AREA ON FOOT HEADING TOWARD BEAGLE RUN LOOP. THE COMPLAINANT DESCRIBED THE DEFENDANT AS AN OLDER ASIAN MALE, APPROXIMATELY 5'05" TALL, WEARING A BLUE JACKET AND DARK PANTS. I RESPONDED TO THE ADDRESS LISTED ON THE VEHICLE REGISTRATION AND MADE CONTACT WITH THE DEFENDANT'S WIFE, MS KI KIM. SHE ADVISED HER HUSBAND WAS NOT AT THE HOUSE AND THAT HE HAD JUST CALLED HER FROM HIS CELL PHONE. SHE STATED HE TOLD HER HE WAS IN A WOODED AREA AND POSSIBLY INJURED. CANINE DEPUTY DEARDEN ARRIVED ON SCENE AND BEGAN A TRACK FROM THE ACCIDENT SITE IN AN ATTEMPT TO LOCATE THE DRIVER/DEFENDANT. THE DEFENDANT WAS LOCATED IN A NEARBY WOODED AREA AND WAS DETAINED AND RETURNED TO THE ACCIDENT SCENE. THE DEFENDANT'S EYES WERE GLASSY AND BLOODSHOT, HIS SPEECH WAS SLURRED AND THERE WAS A DISTINCT ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON. MEDIC UNIT 12 RESPONDED TO THE SCENE AND ADVISED THERE WERE NO APPARENT INJURIES ON THE DEFENDANT, MR YONG SUP KIM, WHO REFUSED TRANSPORT TO THE HOSPITAL. . THE COMPLAINANT, WHO WAS STILL ON SCENE, POSITIVELY IDENTIFIED THE DEFENDANT AS THE PERSON WHO HAD BEEN DRIVING THE VEHICLE AND WHO HAD LEFT THE SCENE BEFORE DEPUTIES COULD ARRIVE. I READ THE DEFENDANT HIS MIRANDA WARNING VIA PREPRINTED AGENCY CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. I ASKED THE DEFENDANT IF HE WOULD PARTICIPATE IN A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HIS ABILITY TO OPERATE A MOTOR VEHICLE. THE DEFENDANT STATED HE WOULD PARTICIPATE. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTION PHASE OF THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HIS BALANCE. HE NEARLY FELL OVER THREE TIMES AND COULD NOT COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTION PHASE OF THIS TASK, THE DEFENDANT CONTINUOUSLY STARTED BEFORE BEING TOLD TO DO SO AND WAS UNABLE TO MAINTAIN HIS BALANCE. AT THAT TIME, THE TASK WAS STOPPED FOR THE SAFETY OF THE DEFENDANT. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .185 AND .187. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE WITH A BOND OF $250.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7460-XAD3, WITH A MANDATORY COURT APPEARANCE ON 021011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9572-RYU9, WITH THE SAME MANDATORY COURT APPEARANCE DATE OF 021011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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* |
