| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR10113663) 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. ON 030710 AT 0357 HOURS I WAS CONDUCTING A SECURITY CHECK IN THE AREA OF LECANTO HIGHWAY AND EAST GULF TO LAKE HIGHWAY. AS I BEGAN TO PATROL AROUND THE MOBIL GAS STATION, I OBSERVED A BEIGE JEEP PARKED IN THE ROADWAY ON SOUTH ROWE TERRACE WITH THE LIGHTS ON AND THE VEHICLE STILL RUNNING. I THEN PULLED UP BESIDE THE VEHICLE, SHINED MY SPOT LIGHT THROUGH THE DRIVER'S WINDOW AND OBSERVED THE DEFENDANT TO BE SLEEPING IN the DRIVER SEAT. I THEN PARKED BEHIND THE VEHICLE AND ACTIVATED MY EMERGENCY LIGHTS. I APPROACHED THE VEHICLE ON the DRIVER SIDE AND ATTEMPTED TO AWAKEN THE DRIVER BY KNOCKING ON THE DRIVER'S WINDOW. the DEFENDANT DID NOT AWAKEN SO I KNOCKED AGAIN ON THE WINDOW, ONCE AGAIN THE DEFENDANT DID NOT AWAKEN. I THEN BEGAN TO BANG ON the DRIVER SIDE WINDOW, FINALLY AWAKENING the DEFENDANT, WHO APPEARED VERY DISORIENTED. I THEN REQUESTED the DEFENDANT TURN THE VEHICLE OFF, IN A LOUD TONE. the DEFENDANT WAS STILL UNABLE TO COMPREHEND MY INSTRUCTION AND BEGAN TO PUT THE VEHICLE IN DRIVE AND PLAYING WITH THE INSTRUMENTS ON THE INSTRUMENT PANEL OF THE VEHICLE. I THEN BEGAN TO BANG HARDER ON THE DRIVER SIDE DOOR AND FINALLY THE DEFENDANT PLACED the VEHICLE IN PARK AND OPENED THE DRIVER SIDE DOOR. IMMEDIATELY UPON MAKING CONTACT WITH THE DEFENDANT I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE OMITTING FROM HIS BREATH. the DEFENDANT ALSO HAD RED EYES AND A DIFFICULT TIME SPEAKING. I THEN REQUESTED THE DEFENDANT TO EXIT THE VEHICLE, AT WHICH TIME HE APPEARED VERY UNSTABLE AND COULD NOT KEEP HIS BALANCE. I THEN ASKED THE DEFENDANT IF HE KNEW WHERE HE WAS AT, AND HE ADVISED "HE HAD NO FUCKING CLUE". I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES THIS EVENING AND HE ADVISED THAT HE HAD ONE BEER APPROXIMATELY SIX HOURS. I THEN ASKED THE DEFENDANT IF HE WOULD SUBMIT TO SOBRIETY TASKS IN ORDER TO DETERMINE HIS CURRENT STATE OF SOBRIETY, TO WHICH THE DEFENDANT AGREED. 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. TASK ONE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTION AND BEGAN THE EXERCISE MANY TIMES BEFORE HE WAS INSTRUCTED TO START. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED COMPLETELY OFF THE LINE AT THE THIRD STEP AND DID NOT KEEP FEET HEEL TO TOE AS INSTRUCTED. the DEFENDANT ALSO WAS SWAYING FROM SIDE TO SIDE WHILE CONDUCTING THIS EXERCISE. TASK THREE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED TO THE DEFENDANT THAT IS NOT TO BE SUNG, BUT SAID IN A MONOTONE. DURING THIS TASK, WHILE STATING THE ALPHABET, THE DEFENDANT WAS INSTRUCTED TO STAND WITH HIS HEELS TOGETHER, HANDS BY HIS SIDE, TILTING HIS HEAD BACK WITH HIS EYES CLOSED. THE DEFENDANT BEGAN TO SWAY FROM SIDE TO SIDE AND BENDING HIS KNEES TO KEEP HIS BALANCE WHILE CONDUCTING THIS TASK. TASK FOUR, 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 FIVE, ONE LEGGED STAND, THIS TASK WAS EXPLAINED AND DEMONSTRATED. DURING the TASK THE DEFENDANT BEGAN WITH HIS RIGHT LEG ELEVATED AND BEGAN THIS EXERCISE AND ONLY MADE IT TO THE 10 SECOND MARK. THE DEFENDANT THEN ATTEMPTED AGAIN WITH THE SAME LEG, AT WHICH TIME HE BEGAN TO HAVE DIFFICULTY KEEPING HIS LEG ELEVATED. THE DEFENDANT COULD NOT COMPLETE THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, PLACED IN the REAR SEAT OF MY PATROL VEHICLE WHERE I TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND A BREATHALYZER TEST. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO THE REGISTERED OWNER. 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 .156 AND .166. 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, NUMBER 9873-XC04 WITH A MANDATORY COURT APPEARANCE OF 032510 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING CITATION NUMBER 285103B, FOR ILLEGAL STOPPING IN A ROADWAY. *NOT-EXEMPT* |
