| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DANIEL 0443 (AR11119437) 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 022011 AT 0005 HOURS, I WAS CONDUCTING STATIONARY RADAR TRAFFIC ENFORCEMENT ON OLD FLORAL CITY ROAD JUST NORTH OF EAST SANDPIPER DRIVE IN INVERNESS. I OBSERVED A VEHICLE TRAVELING SOUTH BOUND ON OLD FLORAL CITY ROAD APPROXIMATELY 900 FEET SOUTH OF CARNEGIE DRIVE. I DETERMINED THAT THE VEHICLE WAS EXCEEDING THE POSTED 35 MILE PER HOUR (MPH) SPEED LIMIT, AT WHICH TIME, I ACTIVATED MY GENESIS ONE RADAR. I HEARD A CLEAR AUDIO DOPPLER TONE AND THE VEHICLE SPEED WAS INDICATED AT 47 MPH AND INCREASING. AS THE VEHICLE DROVE PAST, I TURNED AROUND AND CAUGHT UP TO THE VEHICLE, AT WHICH TIME, I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE AT EAST SANDPIPER DRIVE AND OLD FLORAL CITY ROAD. AS THE VEHICLE BEGAN TO SLOW, I NOTICED THE VEHICLE'S RIGHT SIDE TIRES LEAVE THE RIGHT SIDE OF THE ROADWAY AND THE VEHICLE SWERVE BACK ON TO THE ROAD. THE VEHICLE THEN TURNED ON TO EAST SANDPIPER DRIVE AND CAME TO A STOP. UPON MAKING CONTACT WITH THE DRIVER, I REQUESTED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. THE DEFENDANT, THEN IDENTIFIED AS MR AUSTIN TREVOR HAMILTON, PROVIDED ME WITH HIS FLORIDA DRIVER'S LICENSE BUT COULD NOT LOCATE HIS VEHICLE REGISTRATION. WHILE SPEAKING TO THE DRIVER, HIS SPEECH WAS SLURRED AND HIS EYES WERE GLASSY AND BLOODSHOT. I DETECTED A MODERATE ODOR OF ALCOHOL EMANATING FROM HIS PERSON. I ASKED THE DEFENDANT WHERE HE WAS GOING TO WHICH HE STATED HE WAS DRIVING HOME. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM TO WHICH HE STATED HE WAS COMING FROM THE KANGAROO GASOLINE STATION LOCATED AT HIGHWAY 41 AND EDEN DRIVE. I ASKED THE DEFENDANT ABOUT THE BLACK X-MARKS ON HIS HANDS TO WHICH HE STATED HE HAD BEEN AT CLUB RAIN EARLIER IN THE EVENING. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING. HE STATED HE WAS NOT DRINKING AT CLUB RAIN. I ASKED THE DEFENDANT IF HE HAD ANY ALCOHOLIC BEVERAGE TO DRINK THAT NIGHT TO WHICH HE STATED "HONESTLY, I ONLY DRANK SIX BEERS". THE DEFENDANT STATED HE HAD BEEN DRINKING AT HIS BUDDY'S RESIDENCE. I THEN CONDUCTED A COMPUTER CHECK OF THE DEFENDANT'S DRIVER'S LICENSE AND CHECKS FOR ANY WANTS OR WARRANTS WHICH REVEALED THE DEFENDANT HAD A VALID DRIVER'S LICENSE, AND DID NOT HAVE ANY WANTS OR WARRANTS. AT THAT TIME, DEPUTY M PAUL ARRIVED ON THE SCENE FOR BACK-UP. I THEN REQUESTED THE DEFENDANT TO EXIT AND WALK TO THE REAR OF HIS VEHICLE. AS THE DEFENDANT WALKED TO THE REAR OF HIS VEHICLE, HE WAS UNSTEADY AND STAGGERING. AT THAT TIME, THE DEFENDANT ALSO PRESENTED ME WITH HIS VEHICLE REGISTRATION. I ADVISED THE DEFENDANT THAT I SUSPECTED HE WAS OPERATING HIS VEHICLE UNDER THE INFLUENCE AND REQUESTED HE PERFORM FIELD SOBRIETY TASKS TO WHICH HE STATED HE WOULD. I ASKED THE DEFENDANT HIS AGE TO WHICH HE STATED HE WAS 18 YEARS OF AGE. 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. THE DEFENDANT STATED HE TAKES MEDICATION FOR HIGH BLOOD PRESSURE. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, COULD NOT COUNT PROPERLY. THE DEFENDANT COUNTED 8 THEN 7, THEN 8 THEN 10, THEN 9, AT WHICH TIME, THE DEFENDANT STOPPED PERFORMING THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, MISSED HEEL TO TOE SEVERAL TIMES, AND CONDUCTED AN IMPROPER TURN. THE DEFENDANT DID NOT PERFORM TASK PROPERLY. TASK FOUR, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED MORE THAN SIX INCHES. THE DEFENDANT IMPROPERLY RECITED THE ALPHABET. THE DEFENDANT STOPPED PERFORMING THE TASK AFTER HE MISSTATED THE ALPHABET. THE DEFENDANT ATTEMPTED TO STATE THE ALPHABET IN A SING SONG MANNER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND PLACED IN THE BACK SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA PREPARED CARD. THE DEFENDANT STATED HE UNDERSTOOD EACH OF HIS RIGHTS AND THE DEFENDANT AGREED THAT HE WOULD ANSWER MY QUESTIONS. THE DEFENDANT WAS THEN 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 BREATH TEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .227 AND .221. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE (DUI) UNIFORM TRAFFIC CITATION, CITATION NUMBER 4003-XDX. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING FOR THE UNLAWFUL SPEED. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HIS FATHER, MR DAVID HAMILTON. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
