| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR11122399) 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)(3). DID KNOWINGLY ATTACH TO ANY MOTOR VEHICLE OR MOBILE HOME ANY REGISTRATION LICENSE PLATE, OR WHO KNOWINGLY ATTACHES ANY VALIDATION STICKER OR MOBILE HOME STICKER TO A REGISTRATION LICENSE PLATE, WHICH PLATE OR STICKER WAS NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IS IN VIOLATION OF FLORIDA STATE STATUTE 320.261. DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E). ON 082311 AT APPROXIMATELY 1832 HOURS I RESPONDED TO NORTH ROCK CRUSHER ROAD AT WEST NOTO COURT IN CRYSTAL RIVER IN REFERENCE TO A TRAFFIC STOP WHICH K-9 DEPUTY VIGGIANO CONDUCTED. UPON ARRIVAL, DEPUTY VIGGIANO STATED THAT HE HAD STOPPED THE DEFENDANT WHO WAS IDENTIFIED AS MR BILLY HUNTER, FOR TRAVELING SOUTH ON NORTH ROCK CRUSHER ROAD IN THE SOUTHBOUND LANE AND HAD STOPPED HIM FOR TRAVELING 49 MPH IN A POSTED 35 MPH SPEED ZONE. I WAS TOLD THAT DURING THE TRAFFIC STOP, IT WAS DISCOVERED THAT THE LICENSE PLATE ON THE VEHICLE WAS NOT ASSIGNED TO THIS VEHICLE WHICH WAS A 1992 BLUE LINCOLN 4-DOOR WITH VEHICLE IDENTIFICATION NUMBER (VIN) 1LNLM81W9NY684022. DEPUTY VIGGIANO ADVISED WHILE SPEAKING WITH THE DEFENDANT HE COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER'S PERSON WHO WAS THE ONLY OCCUPANT IN THE VEHICLE DURING THE TIME OF THE TRAFFIC STOP. I WAS ALSO ADVISED BY DEPUTY VIGGIANO THAT THERE WAS AN OPEN CONTAINER OF NATURAL ICE WHICH WAS A 16 OZ CAN WHICH THE DEFENDANT ATTEMPTED TO CONCEAL BEHIND THE DRIVER'S SEAT. THERE WAS ALSO EIGHT UNOPENED 16 OZ NATURAL ICE BEER CANS INSIDE THE VEHICLE. THE OPEN CAN OF BEER WHICH WAS CONCEALED BEHIND THE DRIVER'S SEAT WAS COLD TO THE TOUCH. THE DRIVER ADMITTED TO HAVING A COUPLE OF BEERS AT HIS DAD'S HOUSE IN CRYSTAL RIVER AND A COUPLE OF BEERS DURING LUNCH TIME. I THEN MADE CONTACT WITH THE DEFENDANT DURING WHICH TIME I ALSO SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS EYES WERE GLASSY AND BLOODSHOT. AT THAT TIME, I ASKED HIM TO EXIT THE VEHICLE. 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. 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FIRST WAS UNABLE TO FOLLOW DIRECTIONS. HE HAD TO BE TOLD TWICE TO PLACE HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT. HE STEPPED OFF THE LINE ON STEP FOUR AND ON THE WAY BACK AS HE WAS TAKING NINE HEEL TOE STEPS, HE TOOK TEN STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS FOOT DOWN ON COUNT 21 AND COUNT 27 AND WAS SWAYING BACK AND FORTH IN AN ATTEMPT TO MAINTAIN HIS BALANCE. I HAD TO TELL HIM TO RAISE HIS FOOT UP HIGHER AS INSTRUCTED APPROXIMATELY SIX INCHES OFF THE GROUND. 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 SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE FOR FAMILY MEMBERS TO RETRIEVE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. I RAN THE DEFENDANT THROUGH DRIVER AND VEHICLE IDENTIFICATION DATABASE AND IT REVEALED THAT THIS WAS THE DEFENDANT'S FOURTH OFFENSE OF DRIVING UNDER THE INFLUENCE. THE PREVIOUS THREE OFFENCES WERE ON 080198, 051301, AND 073104. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 5963XDH4 WITH A MANDATORY COURT APPEARANCE ON 090811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8215FGW4, FOR ATTACHED LICENSE PLATE NOT ASSIGNED WITH A MANDATORY COURT APPEARANCE OF 090811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION NUMBER 8217FGW6 FOR REFUSING TO SUBMIT TO THE APPROVED TEST FOR ALCOHOL WITH A MANDATORY COURT APPEARANCE OF 090811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION NUMBER 8216FGW5 FOR OPEN CONTAINER WITH A FEE OF $166.00 PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY CLERK'S OFFICE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING NUMBER 336670B FOR UNLAWFUL SPEED TRAVELING 49 MPH IN A 35 MPH ZONE. THE DEFENDANT'S BOND WAS SET AT $10,650.00, PER THE BOND SCHEDULE. "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* |
