| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR07005629) 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 101307 AT APPROXIMATELY 1629 HOURS, I WAS TRAVELING NORTH ON CROFT NEAR EAST CELINA STREET, WHEN I OBSERVED A WHITE CHEVROLET PICK-UP TOWING A BLACK UTILITY TRAILER. THE VEHICLE APPEARED TO BE TRAVELING BELOW THE POSTED SPEED LIMIT AND THERE WAS A LINE OF FIFTEEN TO TWENTY VEHICLES BEHIND IT. I THEN TURNED AROUND AND TRAVELED SOUTH ON CROFT BEHIND THE LINE OF VEHICLES. WHILE FOLLOWING the VEHICLES WITH THE WHITE TRUCK IN FRONT OF THEM, I OBSERVED THE SPEED OF MY PATROL VEHICLE TO VARY FROM TWENTY TO THIRTY-FIVE MILES PER HOUR (MPH). I THEN OBSERVED THE WHITE PICK-UP TURN EAST ONTO DAWSON. AT THAT TIME I ACTIVATED MY EMERGENCY LIGHTS AND SIREN, AND CAUGHT UP with THE VEHICLE ON EAST DAWSON DRIVE NEAR SMITH AVENUE. I APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MR LELAND FORNEY. I REQUESTED THE DEFENDANT'S DRIVER'S LICENSE, THE VEHICLE AND TRAILER REGISTRATION AND PROOF OF INSURANCE. DURING THIS TIME I DETECTED A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT THE DEFENDANT. THE DEFENDANT PROVIDED THIS DEPUTY WITH THE TRAILER REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT THEN FUMBLED WITH PAPERS IN his WALLET AND GLOVE BOX FOR APPROXIMATELY SIXTY TO NINETY SECONDS. DURING THIS TIME THE DEFENDANT WAS SLOW AND UNCOORDINATED IN his MOVEMENTS. THE DEFENDANT THEN ASKED THIS DEPUTY IF I HAD ALL THE PAPERWORK I NEEDED. I AGAIN REQUESTED THE DEFENDANT PROVIDE HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION, AT WHICH TIME THE DEFENDANT COMPLIED. AT THAT TIME I OBSERVED WHAT APPEARED TO BE AN OPEN 24.5 OUNCE CAN OF FOSTERS BEER, just BEHIND THE FRONT SEATING AREA BETWEEN THE DRIVER AND PASSENGERS SEAT. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AT WHICH TIME HE COMPLIED IN A SLOW AND STEADY MANNER. I NEXT ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, TO WHICH HE STATED NO. 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 HIS FEET. 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, THE DEFENDANT MOVED HIS ENTIRE HEAD WHILE FOLLOWING THE TIP OF MY PEN. THE DEFENDANT WAS AGAIN ASKED IF HE UNDERSTOOD THE INSTRUCTIONS, TO WHICH HE STATED YES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP BALANCE WHILE LISTENING TO INSTRUCTIONS. THE DEFENDANT STOPPED WALKING TO STEADY HIMSELF, MISSED HEEL TO TOE ON ALL STEPS BUT FIVE DOWN AND SIX BACK AND USED HIS ARMS FOR BALANCE OVER SIX INCHES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING AND USED HIS ARMS TO BALANCE OVER SIX INCHES. THE DEFENDANT PUT HIS FOOT DOWN BEFORE THIRTY SECONDS ELAPSED. FROM COUNT ONE TO TEN THE DEFENDANT TOUCHED HIS FOOT DOWN ON EVERY COUNT, AND FROM COUNT TWELVE UNTIL TOLD TO STOP ON NINETEEN, THE DEFENDANT PUT HIS FOOT DOWN ON EVERY COUNT. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT FAILED TO RETURN ARMS TO SIDE ON FIRST COMMAND. ON THE FIFTH COMMAND THE DEFENDANT USED his LEFT HAND INSTEAD OF HIS RIGHT. TASK FIVE, ROMBERG ALPHABET THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK THE DEFENDANT SWAYED MORE THAN TWO INCHES. DEPUTY TABB ADMINISTERED HORIZONTAL GAZE AND NYSTAGMUS, AND THE DEFENDANT EXHIBITED THE FOLLOWING CLUES; DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH EYES AND LACK OF SMOOTH PURSUIT IN BOTH EYES. DURING THIS TIME THE DEFENDANT STATED TO DEPUTY TABB AND I THAT HE HAD CONSUMED ONE BEER EARLIER TODAY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED IN THE FRONT DUE TO HIS SIZE AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO his WIFE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS TURNED OVER TO CORRECTIONS CORPORATION OF AMERICA (CCA) OFFICER DOWNEY AT WHICH TIME 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 .017 AND .015. THE DEFENDANT WAS ASKED AND AGREED TO SUBMIT TO A TEST OF his URINE. A URINE SAMPLE KIT WAS OBTAINED AND THE SEAL WAS BROKEN IN THE PRESENCE OF THE DEFENDANT. THE DEFENDANT WAS OBSERVED BY THIS DEPUTY WHILE PROVIDING THE URINE SAMPLE. the DEFENDANT WAS ONLY ABLE TO PROVIDE A VERY SMALL SAMPLE. THE URINE SAMPLE WAS COMPLETED PER THE INSTRUCTIONS AND A PROPERTY RECEIPT WAS FILLED OUT AT WHICH TIME IT WAS TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. 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 9447XAI WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5494FGW, FOR POSSESSION OF OPEN CONTAINER ALCOHOL WITH A $76.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
