| Probable cause affidavit: |
SUBMITTED BY: CARRERAS, JOSE 0481 (AR08101763) 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) ON 021708 AT APPROXIMATELY 0220 HOURS, I WAS TRAVELING NORTHBOUND ON NORTH LECANTO HIGHWAY FROM NORTH FLORIDA AVENUE WHEN I OBSERVED A MOTORCYCLE APPROACHING ME IN THE OPPOSITE DIRECTION AT WHAT APPEARED TO BE A SPEED IN EXCESS OF THE POSTED SPEED LIMIT. I ACTIVATED MY RADAR UNIT AND RECEIVED A CLEAR CONCISE AUDIO DOPPLER TONE WITH A SPEED OF 74 MPH IN THE TARGET SPEED WINDOW. IT SHOULD BE NOTED THE POSTED SPEED LIMIT IN THAT AREA IS 55 MPH. AS THE MOTORCYCLE APPROACHED ME, HIS SPEED DROPPED DRAMATICALLY. I PERFORMED A U-TURN AND ATTEMPTED TO CATCH UP TO THE MOTORCYCLE AND ADVISED DISPATCH. I ACTIVATED MY OVERHEAD LIGHTS AND OBSERVED THE MOTORCYCLE PROCEED THROUGH THE INTERSECTION OF NORTH FLORIDA AVENUE AND CONTINUE SOUTHBOUND ON NORTH LECANTO HIGHWAY. AS I BEGAN TO PACE THE MOTORCYCLE, I OBSERVED THE DRIVER SWAYING FROM SIDE TO SIDE WITHIN THE LANE, GOING FROM LEFT TO RIGHT. THE DRIVER PULLED IN TO THE PARKING LOT OF THE SANDY OAKS MOBILE RV PARK LOCATED AT 6760 NORTH LECANTO HIGHWAY, AND CAME TO A COMPLETE STOP. UPON MAKING CONTACT WITH THE DRIVER, I REQUESTED HIS DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DRIVER HANDED ME A CENTURY 21 BUSINESS CARD. I ADVISED THE DRIVER WHAT HE HAD HANDED ME AND REQUESTED THAT HE FIND HIS DRIVER'S LICENSE WHICH HE DID LOCATE ALONG WITH THE VEHICLE REGISTRATION AND HIS INSURANCE CARD. THE DRIVER THEN HANDED THESE DOCUMENTS TO ME. THE DRIVER'S LICENSE IDENTIFIED THE DRIVER/DEFENDANT AS MR DAVID BARBER. HE ADVISED ME THAT HE KNEW HE SHOULD NOT BE DRIVING AND THAT HE WAS COMING FROM HIS GIRLFRIEND'S RESIDENCE AFTER HAVING A LONG ARGUMENT WITH HER. I ASKED HIM WHY HE THOUGHT HE SHOULD NOT BE DRIVING, TO WHICH HE ADVISED THAT HE HAD HAD A FEW BEERS TONIGHT. HE ADVISED SEVERAL TIMES THAT HE KNEW HE WAS GOING TO JAIL AND THAT HE WAS READY TO GO. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH HE STATED IT WAS NOT NECESSARY BECAUSE HE KNEW HE WAS IMPAIRED. 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 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 DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT STOPPED THE TASK IN THE MIDDLE OF THE TASK AND AGAIN ADVISED THAT THIS WAS NOT NECESSARY, AT WHICH TIME I PROCEEDED TO COMPLETE THE TASK WITH THE DEFENDANT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HEEL TO TOE ON THE INITIAL START DURING DEMONSTRATION. THE DEFENDANT ADVISED ME SEVERAL TIMES THAT HE WOULD NOT BE ABLE TO PERFORM THE TASK BECAUSE HE WAS IMPAIRED AND IT WAS NOT NECESSARY. HE REQUESTED SEVERAL TIMES THAT I JUST TAKE HIM INTO CUSTODY. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE WHERE HE WAS READ HIS MIRANDA WARNINGS, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND DID NOT WISH TO CONTINUE SPEAKING WITH ME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .164 AND .155. 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 6965-XDO, WITH A MANDATORY COURT APPEARANCE ON 030608 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8307-FIQ, FOR UNLAWFUL SPEED (74 MPH IN A POSTED 55 MPH SPEED ZONE0 WITH A $188.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
