| Probable cause affidavit: |
SUBMITTED BY: FLORIDA HIGHWAY PATROL TROOPER J J DAVENPORT 1665 FHPC14OFF02050 (AR14-9685) On 032914, at approximately 0058 hours, in Citrus County, Florida, the Defendant did knowingly and willfully violate FLORIDA State Statue 316.193 by unlawfully operating a motor vehicle, a 2009 Mitsubishi, white in color, bearing Florida tag U863AF, while under the influence of alcohol to the extent that his normal faculties were impaired. On the above date and time while on routine patrol, I observed a white in color pickup truck in a ditch on the south east corner of U S HIGHWAY 19 and West Cardinal Street, WHICH appeared to have been involved in a crash. I approached the vehicle and made contact with the Defendant, MR BILLY JOE MARTIN, who was sitting in the driverâs seat with the vehicleâs keys in the ignition. Upon making contact with the Defendant, I observed but not limited to that he had the strong odor of an alcoholic beverage emitting from his person, had bloodshot/watery eyes, and slurred speech. I conducted a traffic crash investigation and at approximately 0105 hours, I advised the Defendant that my traffic crash investigation WAS COMPLETED and that I was now beginning a criminal DUI investigation. The Defendant was advised of his Miranda rights at approximately 0106 hours. Post Miranda the Defendant advised me that he was driving south on U S HIGHWAY 19 in the left turn lane preparing to turn left onto West Cardinal Street. HE STATED THAT as he made his left turn, his vehicle slid off the roadway and into the ditch, DUE TO THE WET SURFACE. The Defendant stated that he had been coming from Stixx bar, where he consumed approximately 4 or 5 beers. The Defendant was given the opportunity to perform some field sobriety evaluations. The Defendant did perform these evaluations. At the conclusion of these evaluations the Defendant was lawfully placed under arrest for DUI at approximately 0119 hours. The defendant was also informed verbally that he was being placed under arrest for DUI. The Defendant was read implied consent at approximately 0121 hours, and advised of his Miranda rights at approximately 0106 hours. The FIELD SOBRIETY EVALUATIONS, were administered as follows: THE FIRST FIELD SOBRIETY EVALUATION WAS horizontal gaze nystagmus. the Defendant had lack of smooth pursuit in both the left and right eye. The Defendant also had distinct jerking at maximum deviation in both the left and right eye. The defendant also had nystagmus prior to 45 degree angle in both the left and right eye. The Defendant failed to follow instructions and moved his head to follow the light throughout this evaluation. The second FIELD SOBRIETY EVALUATION performed by the Defendant was the walk and turn evaluation. The Defendant performed poorly on this evaluation. The Defendant failed to walk heel to toe on both attempts. The Defendant also failed to stay in the starting position during the instructions. On the second 9 steps back, the Defendant stepped off the line on step 4 and took 8 steps. The third FIELD SOBRIETY EVALUATION performed was the one leg stand. The Defendant performed poorly on this evaluation. The Defendant failed to follow instructions on the first attempt by not lifting his leg straiGHt out in front of him with his foot pointed forward, but instead lifted his leg and knee at a 90 degree angle and tried to perform the evaluation. On the second attempt, the Defendant put his foot down on count 4. On the third attempt, the Defendant put his foot down on count 17. The fourth FIELD SOBRIETY EVALUATION performed was the finger to nose evaluation. The Defendant performed poorly on this evaluation. The Defendant did not close his eyes all the way as instructed during the evaluation. The Defendant also failed to follow instructions by not putting his arm back down after touching his nose and failed to touch the tip of his index finger to the tip of his nose numerous times. The Defendant was given the chance to take a breath test, at which time the Defendant agreed to give a breath sample to determine his BAC (BLOOD ALCOHOL CONTENT) level. The breath test was given at the Citrus County Jail, but during the testing the intoxilyzer machine failed and no other machine was available. I then requested a lawful test of the Defendantâs blood and read implied consent again at approximately 0257 hours. The Defendant refused to submit to this test. The Defendant was IDENTIFIED by his FLORIDA DRIVER'S LICENSE and booked in under the listed charge, WHERE HIS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED DUI CRIMINAL UNIFORM TRAFFIC CITATION NUMBER 5706XBQ, WITH A MANDATORY COURT APPEARANCE OF 042414 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
