| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR11119749) 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, BEING HIS FOURTH OR SUBSEQUENT OFFENSE, IN VIOLATION OF FLORIDA STATE STATUTE 316.191(2)(B)(3). did, knowing HIS driver's license or driving privilege had been PERMANENTLY revoked FOR DRIVING UNDER THE INFLUENCE (DUI), drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.341 DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY VICK, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO PLACE HANDCUFFS ON THE DEFENDANT WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE, BEING HIS SECOND REFUSAL, IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E) ON 031311, AT APPROXIMATELY 2230 HOURS, I WAS TRAVELING SOUTHBOUND ON US 19 APPROACHING THE INTERSECTION OF WEST YULEE DRIVE. AS I ENTERED THE INTERSECTION, I OBSERVED A SILVER PICK UP TRUCK ENTER THE INTERSECTION TURNING LEFT ONTO YULEE DRIVE. TO AVOID A VEHICLE COLLISION, I HAD TO TAKE EVASIVE ACTION APPLYING THE BRAKES OF MY PATROL VEHICLE AND SWERVING AS TO NOT STRIKE THE PICK UP TRUCK. I THEN INITIATED A TRAFFIC STOP ON THE VEHICLE IMMEDIATELY THEREAFTER. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR JON CRAWFORD. I IMMEDIATELY NOTICED HIS EYES APPEARED GLASSY AND BLOOD SHOT, AND A STRONG ODOR OF ALCOHOL EMITTED FROM HIS BREATH. I ASKED MR CRAWFORD IF HE KNEW WHY I STOPPED HIM, TO WHICH HE ADVISED NO, AND BELIEVED HE MAY HAVE BEEN SPEEDING. I THEN ASKED MR CRAWFORD IF HE EVER SAW MY PATROL VEHICLE AS HE APPROACHED THE INTERSECTION TO WHICH HE REPLIED, NO. I ASKED MR CRAWFORD TO PRODUCE HIS DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE. MR CRAWFORD ADVISED HE DID NOT HAVE ANY OF THAT AND HIS WALLET WAS AT HIS RESIDENCE. UPON TAKING DOWN MR CRAWFORD'S INFORMATION AND ENTERING IT INTO D.A.V.I.D. AND NCIC/FCIC, I LEARNED THAT HIS DRIVER'S LICENSE HAD BEEN PERMANENTLY REVOKED IN 2007 FOR FOUR OR MORE (DRIVING UNDER THE INFLUENCE) DUI'S. I AGAIN APPROACHED MR CRAWFORD AND ADVISED HIM THAT I WOULD BE CONDUCTING AN INVESTIGATION FOR DUI. I ASKED HIM IF HE WOULD COMPLETE FIELD SOBRIETY TASKS TO DETERMINE IF HE WAS INTOXICATED, TO WHICH HE AGREED. WE THEN WALKED ACROSS THE STREET IN TO THE BURGER KING PARKING LOT WHERE THERE WAS A FLAT SURFACE. 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 HAD PROBLEMS WITH BOTH KNEES AND IS PRESCRIBED MORPHINE; HOWEVER, HE ADVISED HE HAD NOT HAD ANY SINCE THE MORNING. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED HE HAD PROBLEMS WITH HIS KNEES BUT AGREED TO PERFORM THE TASK. THE DEFENDANT STEPPED OFF THE LINE MORE THAN THREE TIMES, DID NOT TAKE ANY STEPS HEEL TO TOE, AND USED HIS ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT AGREED TO ATTEMPT THIS TASK; HOWEVER, NEVER LIFTED EITHER FOOT OFF THE GROUND AND NEARLY FELL DOWN. THIS TASK WAS STOPPED FOR THE DEFENDANT'S SAFETY. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT RETURN HIS FINGER AFTER TOUCHING HIS NOSE. HE HAD TO HAVE THE INSTRUCTIONS REPEATED TO HIM AND TOUCHED HIS UPPER LIP TWICE. THE DEFENDANT ALSO TOUCHED THE TIP OF HIS NOSE WITH THE MIDDLE OF HIS FINGER. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ABLE TO COMPLETE THIS TASK. UPON COMPLETION OF THE FIELD SOBRIETY TASKS, THE DEFENDANT WAS THEN ESCORTED BACK TO HIS VEHICLE. AT THAT TIME I ADVISED THE DEFENDANT TO PLACE HIS HANDS BEHIND HIS BACK AS HE WAS UNDER ARREST FOR DRIVING ON A REVOKED DRIVER'S LICENSE AND SUSPICION OF DUI. I PLACED MY LEFT HAND ON THE DEFENDANT'S LEFT WRIST, AND PLACED MY RIGHT HAND ON THE DEFENDANT'S RIGHT WRIST AS I PREPARED TO APPLY THE HANDCUFFS TO THE DEFENDANT. I THEN HELD THE DEFENDANT'S HANDS TOGETHER WITH MY LEFT HAND. AS I USED MY RIGHT HAND TO REMOVE MY HANDCUFFS FROM MY BELT, THE DEFENDANT PULLED HIS RIGHT ARM AWAY AND ATTEMPTED TO SPIN AWAY FROM ME. AT THAT POINT, I GRABBED THE DEFENDANT'S RIGHT WRIST AND PUSHED HIM AGAINST HIS VEHICLE, IN ATTEMPT TO GAIN CONTROL OF HIM. I ADVISED THE DEFENDANT MULTIPLE TIMES TO STOP RESISTING. I WAS THEN ABLE TO PLACE THE DEFENDANT IN HANDCUFFS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS MOVED INTO THE BURGER KING PARKING LOT AND SECURED. 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 FOURTH OR SUBSEQUENT OFFENSE WITH A $15,000.00 BOND PER THE BOND SCHEDULE. HE WAS ALSO CHARGED WITH DRIVING WHILE LICENSE PERMANENTLY REVOKED WITH A $10,000.00 BOND; RESISTING OFFICER WITHOUT VIOLENCE WITH A $500.00 BOND; AND REFUSAL TO SUBMIT WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4376-XDX9 WITH A MANDATORY COURT APPEARANCE OF 033111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 5320-GJX3, FOR DRIVING WITH A PERMANENTLY REVOKED DRIVER'S LICENSE WITH A COURT DATE OF 033111 AT 1300 HOURS; AND 5321-GJX4, FOR VIOLATION OF RIGHT OF WAY WITH A FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
