| Probable cause affidavit: |
SUBMITTED BY: MORTON, KEVIN 0551 (AR100115490) 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; ON 062310, I RESPONDED TO 6241 WEST CARDINAL STREET, IN REFERENCE TO A WHITE MALE SUBJECT IN A YELLOW DODGE TRUCK. UPON ARRIVAL, I OBSERVED THE DEFENDANT, MR DANIEL FORTE, SITTING IN HIS VEHICLE WHICH WAS RUNNING WITH THE LIGHTS ON. AT THAT TIME THE DEFENDANT WAS SLUMPED OVER IN THE DRIVER'S SEAT. THE STORE EMPLOYEE INFORMED ME THAT THE VEHICLE HAD BEEN THERE SINCE 0300 HOURS AND THE SUBJECT HAD NEVER EXITED THE VEHICLE SINCE PULLING UP. I THEN BEGAN TO TAP ON THE DRIVER'S SIDE WINDOW AND THE DRIVER/DEFENDANT DID REMAIN UNRESPONSIVE. I CONTINUED TO KNOCK ON THE WINDOW WITH NEGATIVE RESPONSE. THE DEFENDANT EVENTUALLY DID SIT UP IN THE DRIVER'S SEAT AND MADE EYE CONTACT WITH ME, BEGAN TO LAUGH, AND THEN LEANED BACK OVER TO HIS RIGHT SIDE AND APPEARED TO PASS OUT AGAIN. I BANGED ON THE WINDOW AGAIN AT WHICH TIME THE DEFENDANT RESPONDED AND I ASKED HIM TO ROLL THE WINDOW DOWN. THE DEFENDANT THEN OPENED THE DOOR. I ASKED THE DEFENDANT IF HE WAS OKAY, TO WHICH HE RESPONDED YES. I COULD SMELL THE ODOR OF WHAT APPEARED TO BE AN ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT'S BREATH. THE DEFENDANT ALSO HAD SLURRED SPEECH AND HIS EYES WERE GLASSY. I THEN ASKED THE DEFENDANT TO SHUT OFF THE VEHICLE, WHICH HE DID. I ASKED HIM FOR THE KEYS, AT WHICH TIME HE THEN SET THEM ON THE CENTER ARMREST OF THE VEHICLE. I ASKED THE DEFENDANT FOR HIS IDENTIFICATION, AT WHICH TIME HE PULLED A SMALL AMOUNT OF CASH OUT OF HIS FRONT RIGHT POCKET AND BEGAN SHUFFLING THROUGH THE MONEY. I THEN ASKED THE DEFENDANT AGAIN FOR HIS IDENTIFICATION, AT WHICH TIME HE HANDED ME THE CASH. I AGAIN STATED THAT I NEEDED HIS DRIVER'S LICENSE OR IDENTIFICATION, TO WHICH HE REPLIED, THAT WAS HIS DRIVER'S LICENSE. DEPUTY TAYLOR THEN ARRIVED AND I DID ASK THE DEFENDANT TO EXIT THE VEHICLE IN ORDER TO PERFORM FIELD SOBRIETY TASKS IN REFERENCE TO DETERMINING HIS LEVEL OF IMPAIRMENT. 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 LAUGHED AND STATED NO. THE DEFENDANT DID STUMBLE WHILE HE GOT OUT OF THE TRUCK AND CONTINUED TO SWAY BACK AND FORTH. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TONIGHT, TO WHICH HE REPLIED YES; HOWEVER, COULD NOT ADVISE ME THE LOCATION OF THE BAR THAT HE HAD BEEN AT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS BY STARING STRAIGHT FORWARD AT ME AND SLOWLY CLOSING HIS EYES. I ASKED HIM IF HE UNDERSTOOD THE INSTRUCTIONS TO WHICH HE REPLIED YES, BUT AGAIN BEGAN TO CLOSE HIS EYES. THE TASK WAS UNABLE TO BE COMPLETED AS THE DEFENDANT FAILED TO PROPERLY PERFORM THE TASK TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT IF HE UNDERSTOOD THE INSTRUCTIONS, AT WHICH TIME THE DEFENDANT STATED THAT IT WAS GOING TO BE A PROBLEM. AGAIN THE DEFENDANT WAS ASKED IF HE UNDERSTOOD THE TASK, AND HE JUST BEGAN TO LAUGH. THIS TASK WAS NOT PERFORMED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT IF HE UNDERSTOOD THE TASK AND HE JUST BEGAN TO LAUGH. THIS TASK WAS NOT PERFORMED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO 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 TEST OF HIS BREATH. DEPUTY TAYLOR REMAINED ON SCENE WITH THE DEFENDANT'S VEHICLE AND AWAITED ADAM'S TOWING. THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK. I CONDUCTED A PAT DOWN OF THE DEFENDANT, AT WHICH TIME I LOCATED IN HIS LEFT FRONT PANTS POCKET MORE CASH, WITH THE TOTAL BEING $2,251.00, WHICH WAS ALSO COUNTED BY DETENTION FACILITY STAFF. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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, CITATION NUMBER 5984-XDH9 WITH A MANDATORY COURT APPEARANCE ON 071510 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
