| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR11118642) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 010211 AT 0655 HOURS, I WAS DISPATCHED TO THE AREA OF HIGHWAY 19 IN HOMOSASSA, IN REFERENCE TO A POSSIBLE INTOXICATED DRIVER. DISPATCH ADVISED THAT THE VEHICLE WHICH HAD PREVIOUSLY BEEN TRAVELING NORTHBOUND IN THE SOUTHBOUND LANE HAD TURNED ONTO OAKRIDGE STREET BEHIND SUNNY DAYS PLAZA. I TRAVELED DOWN OAKRIDGE STREET WHERE I THEN MADE CONTACT WITH THE COMPLAINT, MR DAVID WELCH, WHO ADVISED HE HAD BEEN FOLLOWING THE VEHICLE SINCE IT ENTERED CITRUS COUNTY, AND THE VEHICLE HAD TURNED INTO A DRIVEWAY ON BLUE RIDGE STREET. I THEN OBSERVED THE TAIL LIGHTS OF THE SUSPECT'S VEHICLE, WHERE I OBSERVED THE VEHICLE TO BE BACKING UP AND THE DRIVING FORWARD AGAIN. SINCE I KNOW THIS RESIDENCE TO BE VACANT, I ATTEMPTED TO MAKE CONTACT WITH THE SUSPECT, AS I ENTERED THE DRIVEWAY, I OBSERVED THE SUSPECT'S VEHICLE TRAVELING BEHIND THE HOUSE INTO A THICKLY WOODED AREA IN A SOUTHBOUND DIRECTION. THE VEHICLE TRAVELED OVER THREE TO FIVE FOOT TALL BRUSH IN THE PROCESS. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIREN AT WHICH TIME THE SUSPECT CAME TO A STOP. I OBSERVED THE SUSPECT, LATER IDENTIFIED AS MR RICHARD LESLIE, EXIT HIS VEHICLE WHILE HOLDING ON TO THE DOOR FOR BALANCE. I OBSERVED THE SUSPECT'S PUPILS TO BE VERY SMALL AND I DID NOT DETECT AN ODOR OF ALCOHOL, HOWEVER HE WAS THICK TONGUED AND APPEARED LETHARGIC. BELIEVING THE SUSPECT COULD POSSIBLY BE UNDER THE INFLUENCE OF A NARCOTIC, I ASKED HIM IF HE WISHED TO COMPLETE FIELD SOBRIETY EXERCISES TO WHICH HE REPLIED, YES. DUE TO THE DISTANCE WE HAD TRAVELED INTO THE WOODS AND AWAY FROM ANY ROAD, THE REAR DECK AREA OF THE RESIDENCE LOCATED AT 5533 BLUE RIDGE WAS UTILIZED FOR FIELD SOBRIETY EXERCISES. THE SUSPECT DID INDICATE THAT HE TAKES PRESCRIPTION NARCOTICS FOR PAIN, HOWEVER, HE ADVISED HE HAD NOT HAD ANY SINCE APPROXIMATELY 2300 THE PRIOR EVENING. AT THAT TIME, I ASKED THE SUSPECT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, WHERE HE STATED THAT HE HAS ARTHRITIS, HOWEVER, HE COULD STILL COMPLETE THE TASKS. I THEN ASKED THE SUSPECT WAS THE HIGHEST LEVEL OF EDUCATION HE HAD COMPLETED, TO WHICH HE REPLIED THE TWELFTH GRADE. WHILE SPEAKING WITH THE SUSPECT, HIS EYES WERE APPROXIMATELY HALFWAY OPEN AND HE WAS USING THE PORCH RAILING FOR BALANCE. I ASKED THE SUSPECT WHAT TIME OF DAY IT WAS, TO WHICH HE REPLIED 5:30 IN THE MORNING, WHICH WAS NOT CORRECT AS IT WAS APPROXIMATELY 0700 HOURS. I ASKED THE SUSPECT WHAT CITY AND COUNTY HE WAS IN TO WHICH HE REPLIED BROOKSVILLE IN HERNANDO COUNTY. THE SUSPECT ALSO ADVISED THAT HE HAD JUST TURNED OFF OF HIGHWAY 50 PRIOR TO THIS DEPUTY STOPPING HIM. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE SUSPECT 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE SUSPECT. THE SPACING BETWEEN THE PORCH BOARDS WAS UTILIZED AS THE LINE. THE SUSPECT ADVISED THAT HE SAW THE LINE AND UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO TOUCH ANY STEPS HEEL TO TOE. HE STEPPED OFF OF THE LINE, KEEPING HIS FEET SHOULDER WIDTH APART AND STAGGERED DURING ALL STEPS. DUE TO THE SPACE LIMITATIONS, THE SUSPECT WAS INSTRUCTED TO TAKE SEVEN STEPS AND ON HIS SEVENTH STEP, THE SUSPECT FELL INTO THE HOUSE BUT REMAINED STANDING. THE SUSPECT DID NOT COUNT ANY STEPS OUT LOUD AND FAILED TO COMPLETE THE TASK AS DEMONSTRATED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE SUSPECT. DURING THIS TASK, THE SUSPECT RAISED HIS RIGHT FOOT FOR APPROXIMATELY TWO SECONDS, THEN SET HIS FOOT DOWN AND COUNTED OUT LOUD FOR TWO MORE SECONDS. THE DEFENDANT THEN GRABBED A HOLD OF THE PORCH RAIL FOR BALANCE. I THEN STOPPED THIS TASK TO PREVENT ANY INJURY TO HIM. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE SUSPECT. DURING THIS TASK, THE SUSPECT STARTED MULTIPLE TIMES BEFORE HE WAS INSTRUCTED TO. THE SUSPECT THEN TOUCHED HIS UPPER LIP, THE BOTTOM OF HIS NOSTRIL AND HIS FACE APPROXIMATELY ONE HALF INCH FROM HIS NOSE. THE SUBJECT FAILED TO COMPLETE THE TASK AS DEMONSTRATED. TASK FIVE: RHOMBERG ALPHABET: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE SUSPECT, WHO COMPLETED THIS TASK AS DEMONSTRATED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. PHOTOGRAPHS DOCUMENTING THE PLACEMENT OF THE DEFENDANT'S VEHICLE WERE TAKEN. SEE CST REPORT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION CENTER FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION CENTER, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS AND 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 AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING ALL ZEROS. THE DEFENDANT DID ALSO SUBMIT A URINE TEST, WHICH WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. A CHECK OF THE DEFENDANT'S CRIMINAL HISTORY REVEALED A PRIOR D.U.I CONVICTION IN 2009. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (SECOND OFFENSE) WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, 4374-XDX (7) FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 012011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
