| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR07100780) 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. ON 121507 AT APPROXIMATELY 1942 HOURS, I WAS DISPATCHED TO COUNTY ROAD 491 AND ROOSEVELT BOULEVARD IN REFERENCE TO A VEHICLE CRASH. UPON ARRIVAL, MADE CONTACT WITH CORPORAL CASOLA, WHO WAS THE FIRST ON SCENE. CORPORAL CASOLA ADVISED HE HAD ONE VEHICLE THAT WAS STOPPED FOR THE TRAFFIC SIGNAL, THE OTHER WAS NORTHBOUND IN THE SAME LANE, AND DID NOT STOP IN ENOUGH TIME AND STRUCK VEHICLE TWO AT THE TRAFFIC LIGHT IN THE REAR AREA. AT THAT TIME CORPORAL CASOLA MADE CONTACT WITH BOTH VEHICLE OPERATORS, AND DETERMINED THERE WERE NO INJURIES, HOWEVER, CORPORAL CASOLA NOTICED THE OPERATOR OF VEHICLE ONE HAD A STRONG ODOR OF AN ALCOHOL BEVERAGE EMITTING FROM HIS PERSON. AT THAT TIME CORPORAL CASOLA CONTACTED DISPATCH TO CONTACT MYSELF. AFTER RECEIVING THIS INFORMATION, I MADE CONTACT WITH THE DEFENDANT AT HIS VEHICLE, AND ADVISED HIM I WAS CONDUCTING A CRASH INVESTIGATION, THE DEFENDANT ADVISED ME HE WAS NORTHBOUND, APPROACHING THE TRAFFIC LIGHT AT ROOSEVELT BOULEVARD, AT WHICH TIME HE ADVISED HE COULD NOT STOP IN TIME AND BUMPED THE VEHICLE IN FRONT OF HIM. WHILE SPEAKING TO THE DEFENDANT, I NOTICED HE HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON, HIS SPEECH WAS SLURRED AND HE WAS UNSTEADY ON HIS FEET. AFTER RECEIVING THIS INFORMATION, I THEN NOTIFIED THE DEFENDANT I WAS CONCLUDING THE CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. AT THAT TIME I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING. HE ADVISED HE HAD APPROXIMATELY EIGHT BEERS PRIOR TO LEAVING THE V.F.W. HALL IN BEVERLY HILLS. 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 HAD , BUT THAT HIS LEGS BOTHERED HIM OCCASIONALLY. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD BLINDNESS IN HIS RIGHT EYE SINCE THE AGE OF THIRTEEN. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN THE LEFT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN THE LEFT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTEADY, USING HIS ARMS TO KEEP HIS BALANCE. HE DID NOT TOUCH HEEL TO TOE, HE STEPPED OFF THE LINE APPROXIMATELY SEVEN TIMES, AND TOOK TEN STEPS INSTEAD OF NINE STEPS. ON THE TURN-AROUND, THE DEFENDANT LOST HIS BALANCE, AND HAD TO BE ASSISTED BY MYSELF TO KEEP FROM FALLING. THE DEFENDANT CONTINUED TO NOT TOUCH HEEL TO TOE, AND STEPPED OFF THE LINE AN ADDITIONAL FIVE TIMES AND DID NOT COUNT OUT LOUD. TASK THREE, ONE LEG STAND, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED THAT HIS LEGS WERE HURTING HIM AND THAT HE COULD NOT PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS LEFT HAND INSTEAD OF RIGHT HAND AS INSTRUCTED, DID NOT TOUCH THE TIP OF HIS NOSE, CONTINUED TO TOUCH THE BOTTOM OF HIS NOSE, THE DEFENDANT WAS VERY UNSTEADY, ROCKING BACK AND FORTH. THE DEFENDANT ALSO HAD TO BE INSTRUCTED TO KEEP HIS HEAD TILTED BACKWARD APPROXIMATELY FOUR TIMES. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ 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 STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS GIRLFRIEND. THE DEFENDANT WAS THEN TRANSPORTED 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 .284 AND .287. 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 7267-XAD4 WITH A MANDATORY COURT APPEARANCE OF 010307 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7641CPQ2, FOR CARELESS DRIVING WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
