| Probable cause affidavit: |
SUBMITTED BY: RUSSO, CAROLYN N236 (AR10117599) 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(1)(B). ON PATROL AT APPROXIMATELY 2309 HOURS I OBSERVED A VEHICLE RUN THROUGH THE RED LIGHT ON TURKEY OAK DRIVE AND HIGHWAY 44. I FOLLOWED THE VEHICLE AND OBSERVED IT SWERVE OVER THE YELLOW LINE MULTIPLE TIMES, ALMOST GOING ON TO THE SIDEWALK. I THEN ACTIVATED MY LIGHTS AND SIRENS and BEGAN MY TRAFFIC STOP. I WALKED UP TO THE VEHICLE AND OBTAINED THE DRIVER'S LICENSE AND REGISTRATION. DURING MY CONVERSATION WITH THE DRIVER, I NOTICED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE. THE DRIVER'S SPEECH WAS SLURRED AND SLOW, HIS FACE COLOR WAS FLUSHED, EYES WERE WATERY AND GLASSY. HE HAD DILATED PUPILS AND DROOPY EYELIDS. THE DRIVER WAS DISORIENTED. HE SAID HE WAS COMING FROM INVERNESS, WHEN HE JUST CAME FROM CRYSTAL RIVER AND WAS HEADING TO INVERNESS. I ASKED THE DRIVER IF HE HAD ANYTHING TO DRINK AND HE SAID HE HAD FOUR BUD LIGHT BEERS EARLIER AT HIS FRIEND'S RESIDENCE. I ASKED HIM WHAT TIME HE BEGAN DRINKING AND HE STATED THAT HE STARTED AT 1600 HOURS. 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 NOT. I ALSO ASKED THE DEFENDANT WHAT THE LAST YEAR HE COMPLETED IN SCHOOL WAS AND SAID 12TH GRADE. 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT and HE ADVISED THAT HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT SWAYED WHILE USING HIS ARMS TO BALANCE, GREATER THAN SIX INCHES. HE PUT HIS FOOT DOWN TEN TIMES AND WAS UNABLE TO PERFORM THIS TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND HE ADVISED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO HOLD THE POSITION, COULD NOT KEEP HIS LEFT FOOT ON THE LINE AND HIS RIGHT FOOT IN FRONT OF HIS LEFT WITH THE HEEL OF the RIGHT FOOT AGAINST THE TOES OF THE LEFT FOOT. HE COULD NOT KEEP HIS ARMS DOWN AT his SIDE. THE COMPLAINANT ALSO LOST HIS BALANCE DURING INSTRUCTIONS. HE STEPPED OFF THE LINE AND COULD NOT BEGIN THE TASK BECAUSE HE COULD NOT HOLD THE POSITION. TASK FOUR, BACKWARDS COUNT. THIS TASK WAS EXPLAINED TO THE DEFENDANT AND HE ADVISED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT MISSED NUMBERS, HESITATED, NUMBERS WERE REPEATED AND HE ALSO CONTINUED COUNTING PAST 65. HE MISSED NUMBER 88, REPEATED NUMBERS 84 AND 83 TWICE, HE PAUSED AT NUMBER 80, WENT BACK TO 81 AND REPEATED 81 TWICE, WENT TO 79 AND CONTINUED COUNTING TO 50, WHILE MISSING VARIOUS NUMBERS AND REPEATED THEM. I ASKED THE DEFENDANT MULTIPLE TIMES DURING THIS TASK IF WAS DONE AND HE ADVISED HE WAS NOT. TASK FIVE, RECITE THE ALPHABET. THE TASK WAS EXPLAINED TO THE DEFENDANT and THE DEFENDANT SAID HE UNDERSTOOD. THE DEFENDANT MISSED LETTERS AND HESITATED, HE WENT FROM A TO T and THEN FROM T TO LHYAZ AND THEN I ASKED HIM IF HE WAS DONE AND HE ADVISED HE WAS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND WAS THEN TRANSPORTED BY OFFICER JIMMY HUGHES (0500) 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 .199 AND THE SECOND WAS .197. 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, NUMBER 4461-XCE-X, WITH A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 4379-FYM-7, FOR VIOLATION OF A TRAFFIC CONTROL DEVICE, WITH A $264.00 FINE, PAYABLE IN THIRTY DAYS 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
