| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07100370) 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 111707 AT APPROXIMATELY 0100 HOURS, I RESPONDED TO THE BEVERLY HILLS MOTEL IN REFERENCE TO ASSISTING DEPUTY RAMOS ON A TRAFFIC STOP. UPON ARRIVAL, DEPUTY RAMOS ADVISED THAT HE HAD STOPPED THE VEHICLE FOR TRAVELING 55 MILES PER HOUR IN A 40 MILES PER HOUR ZONE. DEPUTY RAMOS ALSO ADVISED THAT HE SUSPECTED THE DRIVER/DEFENDANT, MR DARREN BRANDJES WAS POSSIBLY UNDER the INFLUENCE OF ALCOHOL. AT THAT TIME, I ACTIVATED MY IN CAR VIDEO CAMERA AND MADE CONTACT with THE DEFENDANT WHO WAS still SEATED IN THE DRIVER'S SEAT OF the VEHICLE. I ASKED THE DEFENDANT TO EXIT THE VEHICLE, TO WHICH HE COMPLIED. UPON THE DEFENDANT EXITING THE VEHICLE, I BEGAN TALKING with HIM, AT which TIME, I ASKED HIM IF HE HAD CONSUMED ANY ALCOHOL PRIOR TO DRIVING, TO WHICH HE STATED THAT HE HAD THREE TO FOUR BUD LIght DRAFT BEERS. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE ADVISED THAT HE WAS COMING FROM THE MANATEE LANES BOWLING ALLEY IN CRYSTAL RIVER AND WAS HEADING HOME TO CITRUS SPRINGS. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING WHILE AT the BOWLING ALLEY, TO WHICH HE STATED he HAD. WHILE SPEAKING WITH THE DEFENDANT I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ALSO OBSERVED THAT the defendant's EYES WERE BLOODSHOT AND GLASSY. I THEN ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. IT SHOULD BE NOTED THAT THE FIELD SOBRIETY TASKS WERE CONDUCTED in the PARKING LOT OF THE Beverly Hills MOTEL WHICH WAS A SMOOTH FLAT SURFACE AND A WHITE PARKING SPACE LINE WAS USED AS A GUIDE. 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, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. DURING THE INSTRUCTION PHASE OF THIS TASK THE DEFENDANT HAD DIFFICULTy MAINTAINING HIS BALANCE. WHILE PERFORMING THIS TASK THE DEFENDANT MISSED HEEL TO TOE, STEPPED OFF THE LINE, CONDUCTED AN IMPROPER TURN AND STAGGERED/STUMBLED WHILE TURNING. THE DEFENDANT ALSO HAD TO STOP WALKING TO STEADY HIMSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. DURING THE INSTRUCTION PHASE THE DEFENDANT STARTED THE TASK PRIOR TO BEING TOLD TO DO SO. WHILE PERFORMING THIS TASK THE DEFENDANT HAD DIFFICULTY MAINTAINING HIS BALANCE AND PUT HIS FOOT DOWN TWICE BEFORE 30 SECONDS HAD ELAPSED. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT THE DEFENDANT KNEW RIGHT FROM LEFT. WhILE PERFORMING THIS TASK THE DEFENDANT SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS and USED the wrong HAND FOR THE TASK. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH THE DEFENDANT STATED HE UNDERSTOOD. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THAT the DEFENDANT DID READ AND WRITE THE ENGLISH LANGUAGE AND THAT HE KNEW HIS ALPHABET FROM A TO Z. WHILE PERFORMING THIS TASK THE DEFENDANT SWAYED MORE THAN TWO INCHES IN ALL DIRECTIONS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK and SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFt ON SCENE WITH HIS GIRLFRIEND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE he WAS READ HIS IMPLIED CONSENT by corrections staff REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIs BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT WAS ALSO READ MIRANDA BY CORRECTIONS STAFF. the defendant SUBMITTED TO THE APPROVED TEST OF HIS BREATH WITH THE RESULTS OF .157 and .144. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (second offense) WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 6891-xdo, FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 120607 at 1300 hours, AT THE CITRUS COUNTY COURTHOUSE. deputy ramos issued the defendant written warning number, 200280b, for unlawful speed. A COPY OF the IN CAR VIDEO WAS TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
