| Probable cause affidavit: |
SUBMITTED By: WOOD, THOMAS (FHP5318A) (AR09108179) (FHPC09OFF024386) 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; THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062 did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired and by reason of such operation did cause damage the property of another, to-wit: FLORAL CITY UNITED METHODIST CHURCH, in violation of Florida Statute 316.193; ON 031609 AT APPROXIMATELY 2209 HOURS, I WAS DISPATCHED TO A HIT AND RUN CRASH WHICH occurred IN the AREA OF US HIGHWAY 41 JUST NORTH OF COUNTY ROAD 48. I WAS ADVISED THAT A CITRUS COUNTY SHERIFF'S DEPUTY HAD THE HIT AND RUN SUSPECT STOPPED ON US 41 AT BROOKS LANE. I ARRIVED AT US 41 AND BROOKS LANE AT 2217 HOURS, AND WAS ADVISED BY DEPUTY STRICKLAND THAT THE CRASH OCCURRED AT APPROXIMATELY 2155 HOURS. DEPUTY STRICKLAND STATED THAT HE WAS TRAVELING NORTH ON US 41 IN THE AREA OF JULIA STREET, WHEN HE CLOCKED A WHITE 2009 TOYOTA BEARING FLORIDA TAG Q644QJ, TRAVELING SOUTHBOUND AT 85 MILES PER HOUR (MPH) IN A 45 MPH ZONE. DEPUTY STRICKLAND ADVISED that HE TURNED AROUND TO ATTEMPT TO CATCH UP WITH THE VEHICLE HOWEVER, HE LOST SITE OF IT. HE THEN OBSERVED THE VEHICLE EXITING THE DRIVEWAY OF THE FRUIT STAND JUST NORTH OF COUNTY ROAD 48. DEPUTY STRICKLAND ADVISED THE VEHICLE CAME OUT OF THE DRIVEWAY SIDEWAYS and HE OBSERVED DAMAGE TO THE RIGHT REAR OF THE VEHICLE. I TRAVELED BACK TO THE AREA OF US 41 IN the AREA OF COUNTY ROAD 48 IN ATTEMPT TO LOCATE THE DAMAGED PROPERTY. I FINALLY LOCATED IT ABOUT 30 MINUTES LATER, AND IT WAS A BULLETIN BOARD TYPE SIGN OWNED BY "FLORAL CITY UNTIED METHODIST CHURCH" WHICH WAS KNOCKED DOWN and DAMAGED. I RETURNED TO US 41 AND BROOKS LANE, AND OBSERVED ON THE WHITE TOYOTA, TWO LETTERS FROM the SIGN STUCK BETWEEN the TRUNK AND THE REAR WINDOW OF THE VEHICLE. IT WAS THE LETTERS "N" AND "G". I MADE CONTACT WITH THE DRIVER OF THE WHITE TOYOTA WHO WAS IDENTIFIED BY A VALID FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR LUIS E PADILLA (HISPANIC MALE/DATE OF BIRTH 011556). I OBSERVED THAT THE DEFENDANT HAD BLOOD SHOT EYES, SLURRED SPEECH AND I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. AFTER COMPLETING THE CRASH INVESTIGATION, I AGAIN MADE CONTACT WITH the DEFENDANT AT APPROXIMATELY 2319 HOURS. AT THAT TIME I ASKED the DEFENDANT TO STEP OUT OF HIS VEHICLE, AND WE STEPPED TO THE PARKING LOT OF RICK'S GAS STATION. I ADVISED THE DEFENDANT THAT I HAD COMPLETED MY CRASH INVESTIGATION AND WAS BEGINNING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. I READ THE DEFENDANT HIS MIRANDA WARNINGS, TO WHICH HE STATED THAT, YES HE UNDERSTOOD, NO HE HAD NOT PREVIOUSLY REQUESTED AN ATTORNEY, AND YES HE WISHED TO SPEAK TO ME AT this TIME. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, AND HE STATED A COUPLE BEERS. I ASKED the DEFENDANT WHAT TIME HE HAD A COUPLE BEERS, AND HE STATED AROUND 7 OR 8 PM. HE THEN STATED IT WAS ACTUALLY THREE OR FOUR BEERS. I ASKED THE DEFENDANT IF HE WAS TAKING ANY MEDICATION TO, WHICH HE STATED THAT HE NORMALLY TOOK HYDRO CODONE AND MUSCLE RELAXERS, BUT HAD NOT TAKEN ANY TODAY. 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 NO INJURIES OR ILLNESSES THAT WOULD HINDER HIM FROM PERFORMING THE TASKS. HOWEVER THE DEFENDANT THEN STATED THAT HE HAD A BAD BACK. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES, HOWEVER HE STATED THAT HE WORE GLASSES TO READ. 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. IT SHOULD BE NOTED THAT the DEFENDANT'S PUPILS WERE CONSTRICTED. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AT which TIME THE DEFENDANT STATED, I AM MENTALLY DISABLED FROM SOCIAL SECURITY AND I DID NOT FINISH MIDDLE OR HIGH SCHOOL. DURING THE TASK THE DEFENDANT, LIFTED HIS RIGHT FOOT. the DEFENDANT BEGAN DURING THE INSTRUCTION PHASE TWICE and AFTER THE INSTRUCTION PHASE ON HIS FIRST ATTEMPT THE DEFENDANT WAS ONLY ABLE TO KEEP HIS FOOT UP FOR THE COUNT OF SIX. THE DEFENDANT LIFTED HIS ARMS FOR BALANCE AND ONCE HE PUT his FOOT DOWN AND REFUSED TO CONTINUE WITH THAT TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTIONS, AND STARTED DURING THE INSTRUCTIONAL PHASE AND HAD TO BE TOLD TO STOP. THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON STEPS TWO, THREE, OR FIVE. HE STEPPED OFF THE LINE AT STEP FIVE, AND STOPPED TO CATCH HIS BALANCE. HE USED HIS ARMS FOR BALANCE AND AFTER STOPPING ON STEP FIVE REFUSED TO CONTINUE. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT NOT TOUCH THE TIP OF HIS NOSE WITH HIS RIGHT HAND, AND DID NOT REMOVE HIS FINGER FROM HIS NOSE UNTIL BEING TOLD SEVERAL TIMES TO REMOVE IT. THE DEFENDANT REPEATED THE PROCESS WITH HIS LEFT HAND. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AT APPROXIMATELY 2335 HOURS. HE WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND SECURED IN the REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONY'S TOWING. 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 .179 AND .174. 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 (UTC), CITATION NUMBER 5789-XAU WITH A MANDATORY COURT APPEARANCE ON 040209 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6409-SPN, FOR LEAVING THE SCENE OF A CRASH WITH OVER $50.00 WORTH OF DAMAGE, UTC, NUMBER 6410-SPN FOR DUI WITH PROPERTY DAMAGE, AND UTC NUMBER 6408-SPN FOR CARELESS DRIVING WITH A FINE OF $151.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
