| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR17-22851) 17-30818 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/HER NORMAL FACULTIES WERE IMPAIRED; IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 030117, I WAS CONTACTED BY DEPUTY BARR 1338 WHO REQUESTED THAT I RESPOND TO HIS LOCATION AT THE SUNOCO GAS STATION PARKING LOT LOCATED AT 6971 WEST GULF TO LAKE HIGHWAY, IN CRYSTAL RIVER, IN REFERENCE TO A CALL FOR SERVICE REGARDING A SUBJECT PASSED OUT IN HIS VEHICLE. THE SUBJECT HAD BEEN AT THE LOCATION IN FRONT OF THE GAS PUMPS FOR AT LEAST 45 MINUTES. UPON ARRIVAL, DEPUTY BARR INFORMED ME OF THESE CIRCUMSTANCES AND REQUESTED THAT I INVESTIGATE A POSSIBLE DRIVING UNDER THE INFLUENCE (DUI). SEE DEPUTY BARRâS SUPPLEMENT FOR FURTHER INFORMATION REGARDING THIS REPORT. AT THAT TIME, I APPROACHED THE SUBJECT/DEFENDANT, MR BRIAN BIDDLE, WHO WAS ALREADY OUT OF HIS VEHICLE. HIS CLOTHING APPEARED SLIGHTLY DISHEVELED AND THERE WAS A STAIN ON THE FRONT OF HIS SHORTS. I LATER FOUND OUT THAT THIS STAIN WAS MELTED ICE CREAM, DUE TO THE DEFENDANT PASSING OUT OR FALLING ASLEEP WHILE EATING ICE CREAM. THE DEFENDANTâS PUPILS WERE EXTREMELY CONSTRICTED, WHICH WAS CONDUCIVE MORE TO THE USE OF AN ILLEGAL SUBSTANCE, INSTEAD OF THE INGESTION OF ALCOHOL. I DID NOT SMELL ANY ODOR OF ALCOHOL. HOWEVER, THERE WERE MINOR INDICATIONS, DUE TO THE DEFENDANTâS UNSTEADINESS AND INABILITY TO FOLLOW DIRECTIONS, WHICH LED ME TO CONTINUE MY INVESTIGATION. I INTRODUCED MYSELF TO THE DEFENDANT AND ADVISED HIM THAT I WAS THERE TO INVESTIGATE THE POSSIBILITY THAT HE WAS OPERATING OR IN CONSTRUCTIVE CONTROL OF A MOTOR VEHICLE WHILE EITHER INTOXICATED OR UNDER THE INFLUENCE OF AN ILLEGAL SUBSTANCE. AT THAT TIME, THE DEFENDANT STATED that HE WAS NOT DRIVING AND THAT HE WAS EXTREMELY TIRED AND JUST FELL ASLEEP WHILE SITTING AT THE PUMPS. THE DEFENDANT ADVISED THAT HE HAS NOT HAD ANYTHING TO DRINK FOR AT LEAST FIVE YEARS. I THEN ASKED THE DEFENDANT ABOUT HIS MEDICAL CONDITIONS, TO WHICH HE ADVISED THAT HE IS CURRENTLY PRESCRIBED SUBOXONE AND TYLENOL WITH CODEINE. AT THAT TIME, I REQUESTED THAT THE DEFENDANT SUBMIT TO THREE FIELD SOBRIETY TASKS. 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, 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 EQUAL TRACKING AND EQUAL (VERY CONSTRICTED) PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. AT MAXIMUM DEVIATION THERE WAS A SLIGHT INDICATION OF NYSTAGMUS, BUT THERE WAS PRONOUNCED AT FORTY-FIVE DEGREES. VERTICAL NYSTAGMUS DID SHOW A MAJOR DEVIATION AS THE DEFENDANT FOLLOWED MY PEN UPWARD. HOWEVER, AS THE DEFENDANTâS EYES TRACKED DOWNWARD, HE SLOWLY CLOSED HIS EYES AND I COULD NOT VIEW THE REACTION. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT PROPERLY FOLLOW DIRECTIONS AND WAS UNABLE TO STEADILY MAINTAIN A STRAIGHT LINE. THE DEFENDANT WAS INSTRUCTED TO TAKE NINE STEPS FORWARD, PIVOT ON ONE FOOT, AND RETURN NINE STEPS WHILE COUNTING ALOUD. THE DEFENDANT DID NOT COUNT ALOUD. HE TOOK 13 STEPS FORWARD, WHILE BEING EXTREMELY UNSTEADY, STEPPING OFF THE LINE MULTIPLE TIMES, AND DID NOT PIVOT. THE DEFENDANT MADE A FULL WALKING TURN THEN RETURNED DOING 12 STEPS, ONCE AGAIN NOT WALKING DIRECTLY HEEL TO TOE NOR IN A STRAIGHT LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT REQUESTING THAT I REPEAT THE INSTRUCTIONS. EACH TIME THE DEFENDANT ATTEMPTED THE TASK, HE NEVER MADE IT TO A FULL COUNT OF TWO. THE DEFENDANT ATTEMPTED TO CHANGE FEET, ALTERNATING BETWEEN THE RIGHT AND LEFT, MULTIPLE TIMES, ASKING THAT I GIVE HIM ADDITIONAL CHANCES TO ATTEMPT THIS TASK. AFTER HIS THIRD ATTEMPT, THE DEFENDANT WAS REQUESTED TO STOP BEFORE HE FELL. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. THE DEFENDANT WAS READ MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE did. I THEN ASKED IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD NOT. THE DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH AND URINE 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 TURNED OVER TO HIS FATHER. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND THE BACK, SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HE WAS PRESENTED TO THE CERTIFIED BREATH ALCOHOL TESTER, OFFICER DANIEL FLOYD. THE DEFENDANT ATTEMPTED THE FIELD SOBRIETY TASKS FOR OFFICER FLOYD. THE DEFENDANT COMPLETED THE ALCOHOL TEST OF HIS BREATH. UPON THE COMPLETION OF TWO TESTS, BOTH SAMPLES CAME BACK AT 0.00. AT THAT TIME, I REQUESTED THE DEFENDANT SUBMIT TO A URINE SAMPLE TO BE FORWARDED FOR TESTING, TO WHICH HE AGREED. THIS SAMPLE WAS PROPERLY MARKED AND PACKAGED AND PLACED IN A REFRIGERATED LOCKER AT EMERGENCY OPERATIONS CENTER TO BE LATER FORWARDED TO FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR TESTING. THIS TEST WAS ALSO WITNESSED BY OFFICER FLOYD. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A7YPVWE WITH A MANDATORY COURT APPEARANCE OF 032017 AT 0845 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS CHARGED WITH DUI WITH A BOND SET AT $1,000.00, PER THE BOND SCHEDULE. |
