| Probable cause affidavit: |
SUBMITTED BY: FRANCESCHI, VANESSA 1591 (AR13-8517) 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 122813 AT APPROXIMATELY 2209 HOURS, I WAS DISPATCHED TO A TRAFFIC CRASH THAT OCCURRED ON COUNTY ROAD 39 (ISTACHATTA ROAD) SOUTH OF EAST FLORAL PARK DRIVE. UPON MY ARRIVAL, I OBSERVED A SILVER HONDA ELEMENT, BEARING FLORIDA LICENSE PLATE 667EAC, ON ITS DRIVER SIDE FACING NORTHWEST. I MADE CONTACT WITH THE DEFENDANT, LATER IDENTIFIED AS MR JOSEPH HUMBLE, WHO PROVIDED ME WITH HIS NAME, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER, WHICH I VERIFIED THE INFORMATION ON DRIVER AND VEHICLE INFORMATION DATABASE (DAVID) MATCHING THE DEFENDANT. WHILE SPEAKING WITH THE DEFENDANT, HE WAS USING THE DEPUTYâS VEHICLE TO SUPPORT HIS BALANCE. I COULD SMELL A MODERATE ODOR OF ALCOHOL EMITTING FROM THE DEFENDANTâS BREATH AS WELL AS THE DEFENDANT HAVING SLURRED SPEECH AND WATERY EYES. I ADVISED THE DEFENDANT TO WALK TOWARDS THE FRONT OF MY PATROL VEHICLE. THE DEFENDANT WAS STAGGERING AS HE WALKED TOWARD MY PATROL VEHICLE. AT APPROXIMATELY 2343 HOURS, I ADVISED HIM I FINISHED CONDUCTING MY CRASH INVESTIGATION AND WILL BE CONDUCTING A CRIMINAL INVESTIGATION. 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 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. I INSTRUCTED THE DEFENDANT TO FOLLOW THE TOP OF MY PEN WITH HIS EYES ONLY, WITHOUT MOVING HIS HEAD. THE DEFENDANT STATED HE UNDERSTOOD MY INSTRUCTIONS. THE DEFENDANT COULD NOT FOLLOW THE DIRECTION AND KEPT MOVING HIS HEAD. AT ONE POINT HE STOPPED FOLLOWING THE PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TO PLACE HIS RIGHT FOOT ON THE YELLOW LINE AND HIS LEFT FOOT BEHIND TOUCHING HEEL TO TOE. THE DEFENDANT COULD NOT TOUCH HEEL TO TOE AND KEPT LOSING BALANCE. HE STEPPED OFF THE LINE TAKING A FEW STEPS TO LEFT. THE DEFENDANT A FEW TIMES ATTEMPTED TO TOUCH HEEL TO TOE BUT UNABLE TO MAINTAIN BALANCE AND KEPT STEPPING TO THE LEFT. AS I EXPLAINED TO THE DEFENDANT THE 9 HEEL TO TOE STEP EXERCISE, THE DEFENDANT LOST HIS BALANCE AND STATED âIâM DRUNK.â I ASKED THE DEFENDANT IF HE COULD PERFORM THE EXERCISE. THE DEFENDANT STATED âI CANâT DO THAT.â I ASKED THE DEFENDANT IF HE WAS WILLING TO TRY THE EXERCISE TO WHICH THE DEFENDANT STATED âIâLL TRY.â AS THE DEFENDANT ATTEMPTED TO RETURN TO THE POSITION OF TOUCHING HEEL TO TOE, THE DEFENDANT WAS WALKING BACKWARDS AND HAD TO HOLD ON TO A DEPUTY TO PREVENT HIMSELF FROM FALLING . THE DEFENDANT LOST HIS BALANCE AND STATED âI CANâT DO IT.â I ASKED THE DEFENDANT WHY HE WAS WALKING BACKWARDS AND THE DEFENDANT STATED âIâM DRUNK.â I ASKED THE DEFENDANT IF HE WAS ABLE TO COMPLETE THE EXERCISE AND HE STATED NO. TASK THREE, ONE LEG STAND. THE DEFENDANT WAS NOT ABLE TO COMPLETE THE EXERCISE DUE TO THE DEFENDANT STATING HE COULD NOT PERFORM THE EXERCISES DUE TO BEING DRUNK. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONYâS COLLISION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.157 AND 0.158 BLOOD ALCOHOL CONTENT LEVEL. 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 1164-XBQ WITH A MANDATORY COURT APPEARANCE ON 012314 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A1ALWDE FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE TO A UTILITY POLE WITH A COURT DATE TO BE DETERMINED, UNIFORM TRAFFIC CITATION NUMBER A1ALWEE FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE TO A CURVED ARROW SIGN WITH COURT DATE TO BE DETERMINED, UNIFORM TRAFFIC CITATION NUMBER A1ALWFE FOR CARELESS DRIVING WITH A $166.00 FINE, AND UNIFORM TRAFFIC CITATION NUMBER A1ALWGE FOR DRIVER'S LICENSE NOT CARRIED/EXHIBIT ON DEMAND WITH A $116.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
