| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR10113906) 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 032110, AT APPROXIMATELY 0110 HOURS I WAS WESTBOUND ON HIGHWAY 44 FROM CENTRAL AVENUE EN ROUTE TO A RECKLESS DRIVER CALL IN LECANTO. I WAS IN THE LEFT LANE TRAVELLING AT 60 MILES PER HOUR (MPH) FOLLOWING DEPUTY RAMOS. DURING THAT TIME, I OBSERVED A BEIGE CADILLAC ALSO TRAVELLING WESTBOUND ON HIGHWAY 44 THAT PASSED MY MARKED PATROL VEHICLE IN THE RIGHT LANE, IN EXCESS OF 60 MPH. I ALSO OBSERVED THE VEHICLE CROSS THE RIGHT FOG LINE AND AFTER BEING CANCELLED OFF OF MY ORIGINAL CALL, I INITIATED A TRAFFIC STOP ON THE CADILLAC IN THE AREA OF HIGHWAY 44 NEAR STONE WAY. THE VEHICLE STOPPED IN THE PARKING LOT OF DUNKIN DONUTS. I MADE CONTACT WITH THE DRIVER, NOW KNOWN TO ME AS THE DEFENDANT, AND REQUESTED HIS DRIVER'S LICENSE AND REGISTRATION. THE DRIVER HANDED ME TWO SETS OF INSURANCE CARDS. I HAD TO ASK HIM AGAIN FOR HIS DOCUMENTATION. AFTER THE DEFENDANT PROVIDED ME WITH HIS DRIVER'S LICENSE, I NOTICED THAT HE WAS HAVING DIFFICULTY SPEAKING AND I NOTICED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. AFTER CHECKING HIS DRIVER'S LICENSE STATUS, I RETURNED TO THE VEHICLE AND REQUESTED HE SUBMIT TO SOBRIETY TASKS. THE DEFENDANT AGREED, EXITED HIS VEHICLE, AND WHILE WALKING BACK TOWARD THE REAR OF THE VEHICLE, USED THE VEHICLE TO STEADY HIMSELF. 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. PRIOR TO THE BEGINNING THE FIELD SOBRIETY TASKS, I WAS SPEAKING TO the DEFENDANT AND I ASKED WHO WAS IN THE VEHICLE with HIM, WHICH HE REPLIED, "MAJOR DRIVING ME HERE", SEVERAL TIMES. 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 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO LIFT HIS LEFT LEG, HOWEVER IT NEVER LEFT THE GROUND AND AFTER SEVERAL MOMENTS, HE VERBALLY STATED THAT HE COULD NOT DO IT. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HIS FEET TOGETHER AND BEGAN THE TASK PRIOR TO BEING INSTRUCTED TO DO SO, AND DID NOT HOLD HIS HEAD BACK. WHILE ATTEMPTING TO TOUCH HIS FINGER TO HIS NOSE, THE DEFENDANT USED HIS WHOLE HAND IN ORDER TO TOUCH HIS NOSE ON EACH OCCASION. TASK FOUR, ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE ATTEMPTING THE TASK, THE DEFENDANT STARTED WITH THE LETTER A AND WHEN REACHING THE LETTER V THE DEFENDANT STOPPED, AS IF HE WAS DONE. AFTER PAUSING, I ASKED THE DEFENDANT IF HE WAS DONE, TO WHICH HE STATED HE WAS. DURING THE TASK THE DEFENDANT'S HEAD WAS NOT BACK NOR WAS HIS FEET TOGETHER. TASK FIVE, HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO HOLD THE INSTRUCTIONAL POSITION AND AFTER THE EXPLANATION, THE DEFENDANT STATED THAT HE WOULD NOT BE ABLE TO DO THE TASK. WHEN I ASKED WHY, HE STATED THAT HE HAD BEEN DRINKING. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS 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 NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN THE PARKING LOT AT DUNKIN DONUTS PER HIS REQUEST, UNDER THE CARE OF HIS BROTHER. 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 $1,000.00 BOND, DUE TO A PRIOR DUI FROM 2008. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 2208EBG , WITH A MANDATORY COURT APPEARANCE OF 040810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1898RPA, FOR VIOLATION OF TRAFFIC CONTROL DEVICE, WITH A CIVIL FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE *NOT-EXEMPT* |
