| Probable cause affidavit: |
SUBMITTED BY: CORCORAN, KEITH FHP5843 (AR11122354) 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(2)(B)(1); ON 082211 AT 0131 HOURS I WAS DISPATCHED TO A SINGLE VEHICLE CRASH ON EAST MOCCASIN SLOUGH ROAD AND S MARTINS DRIVE IN INVERNESS. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY RICHEY WITH THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO). DEPUTY RICHEY STATED UPON HIS ARRIVAL THE DEFENDANT WAS LOCATED BEHIND THE WHEEL OF THE RED NISSAN PICKUP WITH THE KEYS IN THE IGNITION AND THE ENGINE RUNNING. I DID OBSERVE A RED NISSAN PICKUP BEARING 880LRJ ON THE NORTH SHOULDER FACING EAST ON TOP OF A BARB WIRE FENCE AND THREE WOODEN POLES. DEPUTY RICHEY STATED THAT THE DEFENDANT APPEARED TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE AND THE DEFENDANT PRIOR TO MY ARRIVAL, URINATED AND ATTEMPTED TO DRINK HIS OWN URINE. I THEN MADE CONTACT WITH THE DEFENDANT AND I ASKED HIM WHAT HAD HAPPENED AND THE DEFENDANT LOOKED AT HIS VEHICLE AND STATED HE HAD NO CLUE AND ASKED ME WHAT HAD HAPPENED. AT 0158 HOURS I ADVISED THE DEFENDANT THAT THE TRAFFIC CRASH INVESTIGATION WAS OVER AND I WOULD BE CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. AS I WAS TALKING WITH THE DEFENDANT, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON, HIS EYES WERE GLASSY AND BLOODSHOT. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TASKS AT WHICH TIME HE STATED THAT HE WOULD. THE DEFENDANT WAS WALKED TO THE FRONT OF MY PATROL VEHICLE (SEE IN-CAR VIDEO). 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 DID HAVE A MEDICAL PROBLEM, BUT THAT HE WOULD SUBMIT TO FIELD SOBRIETY TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT 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 DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT HAD TO BE INSTRUCTED SEVERAL TIMES TO KEEP HIS HEAD STRAIGHT AND TO FOLLOW THE PEN ONLY WITH HIS EYES. DURING THIS TASK THE DEFENDANT WAS SWAYING BACK AND FORTH. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS ARMS UP IN THE AIR SHOULDER HEIGHT AND WAS INSTRUCTED AGAIN ON THE PROPER TECHNIQUE. THE DEFENDANT AGAIN THREW HIS HEAD BACK AND HIS ARMS ABOVE HIS SHOULDERS. THE TASK WAS EXPLAINED AGAIN AND THE DEFENDANT PUT HIS ARMS BACK UP IN THE AIR. THE DEFENDANT DID NOT FOLLOW ANY INSTRUCTIONS DURING THIS TASK. DURING THIS TASK THE DEFENDANT WAS SWAYING BACK AND FORTH. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THIS TASK, BUT IMMEDIATELY PUT HIS FOOT DOWN AND STATED THAT HE COULD NOT DO IT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) SECURED IN THE REAR SEAT OF DEPUTY RICHEY'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S. THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY OFFICER TUCKER WITH DETENTION STAFF. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .227 AND .208. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $5,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 1680-XBN WITH A MANDATORY COURT APPEARANCE ON 090811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5199-SWW, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. I CONDUCTED A PERSONS CHECK OF THE DEFENDANT. THE DEFENDANT HAD TWO PRIOR DRIVING UNDER THE INFLUENCE 102001 AND 010702 AND ALSO HAD ONE PRIOR REFUSAL ON 102001. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
