| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR13-4880) (13-35549) 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)(A). DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED AND BY REASON OF SUCH OPERATION DID CAUSE DAMAGE TO THE PROPERTY OF ANOTHER, TO-WIT: A 2002 GMC SUV, IN VIOLATION OF FLORIDA STATUTE 316.193(3) (A) (B) (C) (1). ON 031713, THE DEFENDANT/DRIVER, MR CHAD ROBERT VIRGIN, WAS IN CITRUS COUNTY, FLORIDA, DRIVING AT THE DRIVE THRU WINDOW OF MCDONALDS AT 3740 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, WHEN HE CRASHED INTO ANOTHER VEHICLE AHEAD OF HIM, WHICH WAS ALSO IN THE DRIVE THRU. UPON MY ARRIVAL, I MADE CONTACT WITH THE DRIVER OF THE VEHICLE WHICH WAS STRUCK. SHE STATED THAT SHE WAS STOPPED IN THE DRIVE THRU WAITING FOR HER FOOD WHEN THE RED PICK UP TRUCK BEHIND HER STRUCK HER REAR BUMPER WITH ITS FRONT BUMPER. SHE STATED THAT SHE PULLED AWAY TO THE RIGHT AFTERWARDS AND PARKED. AS SHE WENT TO APPROACH THE OTHER TRUCK, SHE IDENTIFIED THE DEFENDANT AS THE DRIVER WHO DROVE THE TRUCK FROM THE DRIVE THRU WINDOW AFTER HITTING HER AND PARKED IT. HER PASSENGERS ALSO CONFIRMED THE DEFENDANT AS BEING THE DRIVER. THEY ALSO STATED THAT NO ONE ELSE WAS IN THE PICK UP TRUCK. AT THIS TIME, I MADE CONTACT WITH THE DEFENDANT. I INFORMED HIM THAT I WAS CONDUCTING A CRIMINAL TRAFFIC CRASH INVESTIGATION IN REFERENCE TO DRIVING UNDER THE INFLUENCE. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND THE TRUCK. AS I WAS SPEAKING TO HIM HE WAS SITTING IN THE TRUCK IN THE MIDDLE OF THE FRONT SEAT. I ASKED HIM WHAT HAPPENED AND HE STATED THE TRUCK ROLLED FORWARD AND HIT THE OTHER VEHICLE. AT THIS TIME, I REPOSITIONED MY VEHICLE WITH THE ON BOARD CAMERA AND HAD THE DEFENDANT PERFORM SOME FIELD SOBRIETY TASKS. I NOTICED THAT HE WAS DRESSED NICELY, BUT HIS CLOTHES WERE SLIGHTLY IN DISARRAY AND HIS EYES WERE BLOOD SHOT. AT THIS TIME, I ASKED HIM IF HE HAD ANY MEDICAL CONDITIONS OR AILMENTS, TO WHICH HE SAID NO. I ALSO ASKED HIM WHAT HIS HIGHEST GRADE COMPLETED WAS IN REFERENCE TO HIS EDUCATION, TO WHICH HE STATED 12TH. TASK ONE: HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES AND THAT HE DID NOT WEAR CORRECTIVE LENSES. 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 DURING THIS TASK ALSO COULD NOT FOLLOW DIRECTIONS DUE TO THE FACT HE WOULD MOVE HIS HEAD TO FOLLOW THE STIMULUS PEN AND WAS MOVING HIS BODY. TASK TWO: WALK AND TURN. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTIONS. HE WAS ASKED TO PLACE HIS RIGHT FOOT ON THE WHITE LINE WITH HIS LEFT FOOT IN FRONT OF IT. HE STARTED WALKING THE LINE AND COUNTING, HE MISSED TOUCHING HIS HEEL TO TOE ON STEP THREE AND FOUR, WHEN HE GOT TO STEP SIX AND SEVEN HE SWAYED BACKWARDS TO HIS RIGHT COMING OFF OF THE LINE. HE STEPPED AWAY FROM IT AND THEN STOOD UPRIGHT. HE THEN SAID THAT HE COULD NOT COMPLETE THE TASK. TASK THREE: FINGER TO NOSE. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS AS EXPLAINED. HE WAS VISIBLY SWAYING WHILE PERFORMING THE TASK AND DID NOT POINT STRAIGHT OUT IN FRONT OF HIM PRIOR TO TOUCHING HIS NOSE OR AFTER TOUCHING HIS NOSE BEFORE POINTING HIS HAND BACK OUT TO THE SIDE ON ANY OF THE ATTEMPTS. HE WAS ASKED TO START WITH HIS RIGHT FINGER AND AS HE BROUGHT IT TO HIS NOSE HE MISSED THE TIP TOUCHING THE BRIDGE OF HIS NOSE. I THEN ASKED HIM TO DO HIS LEFT FINGER. HE DID TOUCH THE TIP ON THIS ATTEMPT, BUT DID NOT POINT BACK OUT IN FRONT OF HIM. THEN I ASKED HIM TO DO THE RIGHT FINGER, AGAIN AND HE MISSED HIS NOSE TOUCHING THE BRIDGE. THEN I ASKED HIM TO DO HIS LEFT FINGER, THIS TIME HE AGAIN TOUCHED THE BRIDGE OF HIS NOSE. I THEN ASKED HIM TO USE HIS LEFT FINGER. HE DID TOUCH THE TIP, BUT DID NOT POINT OUT IN FRONT OF HIM. I THEN ASKED HIM TO DO HIS RIGHT FINGER. AGAIN HE DID TOUCH THE TIP OF HIS NOSE, BUT FAILED TO POINT OUT IN FRONT OF HIM AS INSTRUCTED. THE DEFENDANT ALSO KEPT PUTTING HIS HANDS IN HIS POCKETS DURING THE TASKS AND WAS CONTINUOUSLY ASKED TO TAKE THEM OUT. TASK FOUR: ONE LEG STAND. THE DEFENDANT CHAD VIRGIN WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. HE WAS AGAIN ASKED IF HE HAD ANY PROBLEMS WITH HIS LEGS OR KNEES. HE STATED THAT HE HAD KNEE SURGERY ABOUT 9 MONTHS AGO ON HIS RIGHT KNEE. THE DEFENDANT RAISED HIS RIGHT LEG AND STARTED TO COUNT OUT LOUD. HE USED HIS ARMS DURING THE TASK AND SWAYED. HE LOST HIS BALANCE AT NUMBER TWELVE AND HOPPED TO THE SIDE. HE THEN STOPPED. HE CONTINUED STARTING OVER AND GOT TO NUMBER FIFTEEN AND PUT HIS FOOT DOWN AND STOPPED NOT BEING ABLE TO CONTINUE. AT ONE POINT HE WAS VISIBLY HOLDING HIS LEFT PANT LEG WITH HIS LEFT HAND, TRYING TO KEEP HIS BALANCE. TASK FIVE: ROMBERG RECITATION. PRIOR TO PERFORMING THE TASK I ASKED THE DEFENDANT IF HE KNEW HIS ABCâS, TO WHICH HE STATED YES. I EXPLAINED THE INSTRUCTIONS TO HIM AND ASKED HIM TO RECITE THE ALPHABET FROM BEGINNING TO END IN A NON- RHYTHMIC MANNER, WHICH MEANT DO NOT RHYME IT OR SING IT, TO JUST SIMPLY SAY IT. HE STATED THAT HE UNDERSTOOD. WHILE PERFORMING THE TASK HE WAS SWAYING AND COULD NOT KEEP HIS BALANCE. THE DEFENDANT ALSO GOT TO P AND PAUSED THEN GOT TO Q, R, S AND HAND ANOTHER LONG PAUSE. HE FINALLY CONTINUED GETTING TO W AND AGAIN PAUSED. HE STARTED OVER THIS TIME RHYMING IT FAST. HE GOT TO W, X AND PAUSED AGAIN BEFORE FINISHING. EVERY TIME HE PAUSED I COULD HEAR HIM MUMBLING UNDER HIS BREATH THE ALPHABET OVER AND OVER AND COULD SEE HIS LIPS MOVING TRYING TO FIGURE OUT THE LETTERS THAT HE COULD NOT REMEMBER. AT THIS TIME I HAD THE DEFENDANT STEP TO THE FRONT OF MY VEHICLE WHERE I READ HIM HIS IMPLIED CONSENT WARNING FROM A PRE PRINTED TEXT. I ASKED HIM IF HE UNDERSTOOD AND HE STATED YES. I ASKED HIM IF HE WOULD SUBMIT TO A BREATH TEST AT THE JAIL, TO WHICH HE SAID WHY, I WAS NOT DRIVING AND YOU WILL NOT FIND MY KEYS. I THEN ADVISED HIM THAT HE WAS UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS THEN HANDCUFFED BEHIND HIS BACK AND DOUBLE LOCKED. I PLACED HIM IN THE REAR SEAT OF DEPUTY SETTLEâS PATROL VEHICLE AND SHE THEN TRANSPORTED HIM TO THE COUNTY JAIL. UPON MY ARRIVAL, HE WAS BOOKED AND PROCESSED ON THE FOLLOWING CHARGES; DRIVING UNDER THE INFLUENCE 1ST OFFENSE, DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE. ONCE AT THE DETENTION CENTER OFFICER REBECCA WHITNEY TOOK CUSTODY OF THE DEFENDANT IN REFERENCE TO DOING THE DETENTION CENTER PORTION OF THE DUI BREATHALYZER. HE WAS AT THIS TIME AGAIN READ HIS IMPLIED CONSENT WARNINGS AND ASKED AGAIN BY OFFICER WHITNEY IF HE WOULD SUBMIT TO A BREATHALYZER TEST, TO WHICH HE AGREED. HE BLEW A .247 ON THE FIRST ATTEMPT AND A .240 ON THE SECOND ATTEMPT. THE DEFENDANT WAS BOOKED IN THE CITRUS COUNTY DETENTION FACILITY ON ONE COUNT OF DRIVING UNDER THE INFLUENCE; FIRST OFFENCE, BOND PER THE BOND SCHEDULE IS $500.00. ONE COUNT OF DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, BOND PER THE BOND SCHEDULE IS $500.00. THE DEFENDANT WAS ISSUED THE FOLLOWING CIVIL FLORIDA UNIFORM TRAFFIC CITATION 6970-WQB9 FOR CARELESS DRIVING RESULTING IN A TRAFFIC CRASH WITH A CIVIL FINE OF $166.00; CIVIL FLORIDA UNIFORM TRAFFIC CITATION 6971-WQBX FOR EXPIRED TAG UNDER SIX MONTHS WITH A CIVIL FINE OF $113.00; BOTH PAYABLE TO THE CITRUS COUNTY CLERK OF THE COURT WITHIN 30 DAYS. THE DEFENDANT WAS ADDITIONALLY ISSUED THE FOLLOWING CRIMINAL FLORIDA DUI UNIFORM TRAFFIC CITATIONS 7234-XGAX FOR DRIVING UNDER THE INFLUENCE 1ST OFFENSE AND CRIMINAL FLORIDA DUI UNIFORM TRAFFIC CITATION 7235-XGAX FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, BOTH WITH MANDATORY COURT DATES OF 040413 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANTS TRUCK WAS TURNED OVER AT THE SCENE TO HIS BROTHER. |
