| Probable cause affidavit: |
SUBMITTED BY: STEELFOX, MATTHEW N240 (AR10115231) ON 060610 I, OFFICER MATTHEW STEELFOX, WAS ON WATER PATROL IN THE SALT RIVER NEAR COON GAP. AT APPROXIMATELY 1640 HOURS, I OBSERVED A PONTOON BOAT ON A PLAIN IN THE SLOW SPEED MANATEE ZONE. I ACTIVATED MY BLUE LIGHTS AND PULLED IN BEHIND THE VESSEL TO INITIATE A VESSEL STOP. AT THAT TIME, I MADE CONTACT WITH THE OPERATOR AND THE PASSENGERS ON THE VESSEL. THE OPERATOR OF THE VESSEL, LATER IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS the DEFENDANT, MR PAUL LINDSAY BURGESS, STATED THE REASON HE WAS ON A PLAIN WAS BECAUSE IT WAS TOO SHALLOW TO COME OFF THE PLAIN. I OBSERVED THE VESSEL ON A PLAIN IN AN AREA WHICH WAS APPROXIMATELY THREE TO FOUR FEET DEEP. DURING THE VESSEL STOP, I OBSERVE FOURTEEN (14) EMPTY MILLER BEER CANS ON THE FLOOR OF THE VESSEL. MR BURGESS HAD SLOW RESPONSES TO MY QUESTIONS DURING THE VESSEL STOP. HE WAS SUNBURNED; HIS EYES WERE WATERY, GLASSY AND BLOODSHOT. MR BURGESS ALSO HAD THE ODOR OF A PERSON WHO HAD CONSUMED ALCOHOLIC BEVERAGES. I ASKED MR BURGESS TO PARTICIPATE IN FIELD SOBRIETY TASKS TO MAKE SURE HE WAS SAFE TO OPERATE HIS VESSEL. MR BURGESS AGREED. I INSTRUCTED MR BURGESS TO STEP ABOARD MY PATROL VESSEL AND HAVE A SEAT, GIVEN I HAD MORE SPACE. MR BURGESS STEPPED ABOARD MY PATROL VESSEL. AT THAT TIME, I STARTED FIELD SOBRIETY TASKS. MR BURGESS WAS READ INSTRUCTIONS FROM PREPARED TEXT AND SHOWED A DEMONSTRATION OF EACH TASK BEFORE BEING ASKED TO PERFORM EACH TASK. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT MR BURGESS 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. MR BURGESS WAS WEARING EYEGLASSES. TASK TWO: PALM PAT. MR BURGESS HAD SLIDING, FLOPPING OF HIS HANDS AND HIT THE SIDES OF HIS HANDS. HE DID NOT SPEED UP AS INSTRUCTED AND HAD AN IMPROPER COUNT. TASK THREE: FINGER COUNT. MR BURGESS MISCOUNTED HIS FINGERS, DID NOT SPEED UP, AND HAD AN IMPROPER FINGER TOUCH. TASK FOUR: FINGER TO NOSE. MR BURGESS COMPLETED THIS TASK PROPERLY. TASK FIVE: ALPHABET RECITATION. MR BURGESS STATED IT HAD BEEN A LONG TIME SINCE HE USED THE ALPHABET. MR BURGESS MISSED LETTERS, REPEATED LETTERS AND HESITATED DURING THE ALPHABET. MR BURGESS MISSED THE LETTERS 'O' AND 'P'. TASK SIX: BACKWARDS COUNT. MR BURGESS WAS INSTRUCTED TO COUNT BACKWARD FROM NUMBER 89 TO NUMBER 65. MR BURGESS MISSED NUMBER 81 AND HESITATED AT NUMBER 82. MR BURGESS STOPPED AT NUMBER 69 AND FINISHED WHEN I ASKED HIM TO CONTINUE TO COUNT. AT THIS TIME, I TOOK MR BURGESS TO TWIN RIVERS MARINA TO PERFORM FURTHER SOBRIETY TASKS. TASK SEVEN: WALK AND TURN. MR BURGESS STEPPED OFF THE LINE ON STEP NUMBER THREE AND USED HIS ARMS TO BALANCE THE ENTIRE TIME. TASK EIGHT: ONE LEG STAND. MR BURGESS SWAYED WHILE BALANCING, USED HIS ARMS FOR BALANCE AND PUT HIS FOOT DOWN. MR BURGESS WAS INSTRUCTED TO COUNT DURING THE TASK. ON HIS FIRST ATTEMPT, HE COUNTED TO EIGHT. ON HIS SECOND ATTEMPT, HE MADE IT TO TEN AND ON HIS THIRD ATTEMPT, HE MADE IT TO FIFTEEN. UPON COMPLETION OF THE FIELD SOBRIETY TASKS, I INFORMED MR BURGESS THAT I HAD PROBABLE CAUSE TO BELIEVE HE WAS OPERATING HIS VESSEL IMPAIRED. MR BURGESS WAS PLACED UNDER ARREST AND HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. I INFORMED MR BURGESS THAT HE WOULD BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WOULD BE ASKED TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH. MR BURGESS WAS TRANSPORTED BY CITRUS COUNTY SHERIFF'S DEPUTY . UPON ARRIVAL, HE WAS OBSERVED FOR TWENTY MINUTES AND READ HIS IMPLIED CONSENT. MR BURGESS WAS THEN ASKED TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH WHICH HE DID SUBMIT TO, WITH THE TEST RESULTS BEING .037. MR BURGESS WAS GIVEN A CITATION FOR OPERATING A VESSEL WHILE IMPAIRED, CITATION NUMBER V291205. MR BURGESS WAS GIVEN AN OUT OF CUSTODY COURT DATE OF 062410 AT 1300 HOURS WITH JUDGE MARK YERMAN. NO FURTHER ACTION TAKEN. *NOT-EXEMPT* |
