| Probable cause affidavit: |
SUBMITTED BY: THOMASON, DARRAL FWC6650 (AR07005226) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL 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 327.35(1)(A). ON 092207 AT APPROXIMATELY 1830 HOURS, I, OFFICER DARRAL THOMASON AND OFFICER TRAVIS HOOKER WERE ON WATER PATROL ON THE HOMOSASSA RIVER. WE WERE TRAVELING NORTH ON THE HOMOSASSA RIVER NEXT TO MONKEY ISLAND IN THE IDLE SPEED ZONE. WE OBSERVED A VESSEL ENTER THE IDLE SPEED ZONE AND NOT COME TO IDLE SPEED. WE THEN APPROACHED THE VESSEL AND ASKED THE OPERATOR LATER IDENTIFIED AS THE DEFENDANT, MR LOUIS PACHECO IF HE WAS AWARE THAT HE WAS IN AN IDLE SPEED ZONE. THE DEFENDANT ADVISED THAT HE DID BUT DID NOT REALIZE THAT HE WAS GOING TO FAST. I INFORMED THE DEFENDANT THAT HE WAS GOING TO FAST FOR THE IDLE SPEED ZONE AND THAT HE NEEDED TO SLOW DOWN. I THEN INFORMED THE DEFENDANT THAT I WAS GOING TO PERFORM A VESSEL SAFETY INSPECTION AND ASKED HIM IF HE WOULD PROVIDE ME WITH THE VESSEL REGISTRATION. AS THE DEFENDANT APPROACHED WITH THE REGISTRATION HE WAS UNSTEADY ON HIS FEET AND AS HE CAME CLOSER I OBSERVED THAT HIS EYES WERE GLASSY AND BLOODSHOT AND THAT HE HAD A DISTINCT ODOR OF AN ALCOHOLIC BEVERAGE ABOUT HIS PERSON. AT THAT TIME, I SECURED THE DEFENDANT'S VESSEL TO OUR VESSEL. AS I CONTINUED TO FINISH THE SAFETY INSPECTION I ASKED OFFICER HOOKER TO TAKE US TO KC KRUMPS' PIER. WHILE OBTAINING THE REST OF HIS SAFETY EQUIPMENT THE DEFENDANT WAS UNSTEADY ON HIS FEET DESPITE THE FACT THAT THERE WAS NO WIND OR WAVES IN THE AREA AND WE WERE IN A PROTECTIVE AREA OF THE IDLE SPEED ZONE. ONCE OUR VESSELS WERE TIED OFF TO KC KRUMPS' PIER, I ASKED THE DEFENDANT TO EXIT HIS VESSEL AND FOLLOW ME ONTO THE PIER. I THEN INFORMED THE DEFENDANT THAT I FELT AS IF HE COULD BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE AND ASKED IF HE WOULD PERFORM FIELD SOBRIETY TASKS, TO WHICH HE AGREED. 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT MISSED HIS NOSE COMPLETELY, DID NOT TOUCH THE TIP OF HIS NOSE WITH THE TIP OF HIS FINGERTIP, KEPT HIS HANDS HALFWAY UP PASS HIS WAIST DESPITE BEING TO TOLD TO KEEP HIS HANDS BY HIS SIDE AND FAILED TO KEEP HIS HEAD TILTED BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT SWAYED WHILE BALANCING, USED HIS ARMS TO ASSIST WITH BALANCING AND PUT HIS FOOT DOWN AFTER COUNT 1007. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT LOST HIS BALANCE DURING INSTRUCTIONS, DID NOT TOUCH HEEL TO TOE AT ALL, STEPPED OFF THE LINE GOING DOWN ON STEPS FIVE, EIGHT AND NINE AND GOING BACK ON STEPS FIVE AND SIX. THE DEFENDANT ALSO USED HIS ARMS TO ASSIST WITH BALANCING AND CONDUCTED AN IMPROPER TURN. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED. THIS DEFENDANT PERFORMED THIS TASK SATISFACTORILY. UPON THE COMPLETION OF THE TASKS, I INFORMED THE DEFENDANT THAT I FELT THAT HE WAS BOATING UNDER THE INFLUENCE, AT WHICH TIME, HE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK. THE CITRUS COUNTY SHERIFF'S OFFICE WAS THEN CONTACTED IN REFERENCE TO TRANSPORTING THE DEFENDANT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY S PHILLIPS. THE DEFENDANT WAS CHARGED WITH BOATING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED BOATING CITATION NUMBER, V216456 (STATUE 327.35(1)(A)), FOR BOATING UNDER THE INFLUENCE. *NOT-EXEMPT* |
