| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR08106615) DID UNLAWFULLY DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WITHIN THE STATE OF FLORIDA, WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, ANY CHEMICAL SUBSTANCE SET FOURTH IN S. 877.111, OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893, WHEN AFFECTED TO THE EXTENT THAT HIS NORMAL FACULTIES WERE IMPAIRED, OR WITH A BLOOD OR BREATH ALCOHOL LEVEL OF 0.08 PERCENT OR HIGHER, AND HAVING PREVIOUSLY BEEN CONVICTED OF THE OFFENSE OF DRIVING UNDER THE INFLUENCE ON 051707 AND 042408, IN VIOLATION OF FLORIDA STATUES 316.193(1) AND 316.193(2)(A). THE DEFENDANT, ON 120908, IN CITRUS COUNTY, FLORIDA AT THE INTERSECTION OF US HIGHWAY 19 AND WEST VENABLE STREET WAS OPERATING A MOTOR VEHICLE, NAMELY A 2000 CHEVY S-10 PICKUP TRUCK BEARING FLORIDA TAG 989VCH. THE DEFENDANT WAS TRAVELING NORTHBOUND WHEN HE WAS OBSERVED COMMITTING A TRAFFIC VIOLATION BY K-9 DEPUTY LAURA ANSTEAD. AT THAT TIME, DEPUTY ANSTEAD CONDUCTED A TRAFFIC STOP ON THE DEFENDANT. THE DEFENDANT STOPPED AT THE INTERSECTION ON US HIGHWAY 19 AND WEST GODFREY LANE. DEPUTY ANSTEAD, AFTER SPEAKING WITH THE DEFENDANT, NOTIFIED ME AND ASKED THAT I RESPOND IN REFERENCE TO A POSSIBLE DRIVING UNDER THE INFLUENCE. UPON MY ARRIVAL DEPUTY ANSTEAD INFORMED ME WHY SHE STOPPED THE VEHICLE. SHE ALSO STATED THAT SHE COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER/DEFENDANT'S PERSON. I THEN MADE CONTACT WITH THE DRIVER WERE I TOO COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. AT THAT TIME, I ASKED THE DRIVER WHERE HE WAS COMING FROM. HE STATED THAT HE WAS COMING FROM HOMOSASSA AND WAS GOING HOME. I INFORMED HIM THAT I COULD SMELL AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND ASKED HIM IF HE HAD BEEN DRINKING. HE STATED YES. I THEN ASKED HIM IF HE WOULD STEP OUT OF HIS VEHICLE TO PERFORM SOME FIELD SOBRIETY EVALUATIONS. THE DEFENDANT DID. HE WAS UNSTEADY ON HIS FEET AND HIS EYES WERE FIXED AND DILATED AND HIS CLOTHES WERE IN DISARRAY. I ASKED HIM IF HE HAD ANY MENTAL OR PHYSICAL DEFECTS THAT WOULD KEEP HIM FROM PERFORMING ANY OF THE EVALUATIONS, TO WHICH HE STATED NO. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. HE ALSO WORE CONTACT LENSES. 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. THE TASK WAS COMPLETED. TASK TWO, WALK AND TURN. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT COULD NOT KEEP HIS BALANCE DURING THE INSTRUCTIONS. HE DID NOT TOUCH HIS HEEL TO TOE ON THE VERY FIRST STEP HE ADDITIONALLY STEPPED OFF OF THE LINE. WHEN HE PIVOTED HE LOST HIS BALANCE AND COMING BACK DOWN THE LINE HE MISSED TOUCHING HIS HEEL TO TOE ON STEPS 1, 4 AND 5. HE ALSO STOPPED ON STEP 5. AT THAT TIME, I ASKED HIM IF HE UNDERSTOOD THE INSTRUCTIONS, TO WHICH HE STATED YES. TASK THREE, ONE LEG STAND. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. HE WAS ASKED IF HE HAD ANY MEDICAL PROBLEMS WITH HIS LEGS, TO WHICH HE STATED NO. I THEN ASKED THE DEFENDANT TO RAISE WHICHEVER LEG HE CHOSE. HE RAISED HIS LEFT LEG UP. HE WAS SWAYING DURING THE EVALUATION. HE ALSO ONLY RAISED HIS LEG ½ AN INCH OFF OF THE GROUND. I ALSO NOTICED THAT HE HAD BOTH OF HIS THUMBS IN HIS POCKETS LIKE HE WAS TRYING TO BALANCE HIMSELF. AFTER HE COMPLETED THE TASK I ASKED HIM IF HE UNDERSTOOD THE INSTRUCTIONS. HE STATED YES. I INFORMED HIM THAT HE WAS NOT TO USE HIS ARMS FOR BALANCE, NOR WAS HE TO PUT HIS THUMBS IN HIS POCKETS. I ASKED HIM IF HE WOULD LIKE TO TRY IT AGAIN WITH HIS ARMS BY HIS SIDE, TO WHICH HE STATED YES. AGAIN HE TRIED THE TASK RAISING THE SAME LEG. THIS TIME HE ONLY RAISED IT ¼ INCH OFF OF THE GROUND AND WHEN HE GOT TO NUMBER 19 HE SAID IT TWICE. HE CONTINUED TO SWAY TO KEEP HIS BALANCE. TASK FOUR, RHOMBERG RECITATION. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND ASKED IF HE KNEW HIS ABC'S, TO WHICH HE STATED YES. THE DEFENDANT COULD NOT FOLLOW THE INSTRUCTIONS AS EXPLAINED. HE KEPT OPENING HIS EYES AND WHEN HE GOT TO THE LETTER O HE STATED "O, Z, Q, R, S". TASK FIVE, FINGER TO NOSE. PRIOR TO PERFORMING THE TASK THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT HE UNDERSTOOD THEM. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS AS EXPLAINED. HE DID NOT POINT STRAIGHT OUT IN FRONT OF HIMSELF PRIOR TO BRINGING HIS FINGER TO HIS NOSE. HE ALSO KEPT HIS EYES OPEN DURING THE EVALUATION. HIS HEAD WAS NOT TILTED BACK AND HE WAS SWAYING. WHEN HE BROUGHT HIS FINGERS TO HIS NOSE HE WAS TOUCHING THE BOTTOM HALF OF THE BRIDGE OF HIS NOSE AND NOT THE TIP OF HIS NOSE. THE DEFENDANT WAS TOLD TO DO HIS LEFT HAND FIRST, THEN HIS RIGHT, THEN LEFT, THEN RIGHT, THEN RIGHT (STARTED TO DO HIS LEFT), THEN LEFT. AT THIS TIME THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED), AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. HIS IMPLIED CONSENT WARNINGS WERE READ TO HIM, TO WHICH HE AGREED TO TAKE A BREATH TEST. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT THE DETENTION FACILITY, A BREATH TEST WAS ADMINISTERED TO THE DEFENDANT. THE RESULTS WERE .122 AND .130. THIS WAS THE DEFENDANTS 3RD ARREST FOR DRIVING UNDER THE INFLUENCE (051707 AND 042408). THE DEFENDANTS BOND PER THE BOND SCHEDULE WAS AS FOLLOWS: DRIVING UNDER THE INFLUENCE 3RD OFFENSE- $5000.00. THE DEFENDANT WAS ALSO ISSUED THE FOLLOWING FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 8319-XBD, FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT DATE OF 010809, AT THE CITRUS COUNTY COURT HOUSE. DEPUTY ANSTEAD ALSO ISSUED HIM, FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6421-FGW, FOR VIOLATION OF DRIVERS LICENSE RESTRICTIONS REFERENCE BUSINESS PURPOSES ONLY, WITH A MANDATORY COURT DATE OF 010809, AT THE CITRUS COUNTY COURT HOUSE AND FLORIDA UNIFORM CITATION NUMBER 6423-FGW, FOR UNLAWFUL OPERATION ON STEREO, WITH A CIVIL FINE OF $91.00, PAYABLE WITHIN 30 DAYS TO THE CLERK OF THE COURT IN CITRUS COUNTY. *NOT-EXEMPT* |
