| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR10114528) 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 042710 AT APPROXIMATELY 1955 HOURS, I ARRIVED IN THE AREA OF 2634 NORTH PAGE AVENUE, IN REFERENCE TO A VEHICLE CRASH. UPON MY ARRIVAL, I MADE CONTACT WITH THE VICTIM, WHO WAS INSIDE THE AMBULANCE. THE VICTIM ADVISED ME THAT HE WAS RIDING HIS BICYCLE, A 2003 CLARA 10 SPEED, NORTHBOUND IN THE AREA OF 2634 PAGE AVENUE WHEN HE HEARD A VEHICLE COMING FROM BEHIND HIM AND ALL OF A SUDDEN HE FELT A SHARP PAIN IN HIS BACK AREA. THE VICTIM STATED THAT ALL HE REMEMBERED WAS WAKING UP IN THE YARD OF 2634 PAGE AVENUE. AT HAT TIME I ADVISED HIM THAT WE LOCATED THE DRIVER OF THE VEHICLE THAT STRUCK HIM AND I WAS GOING TO MAKE CONTACT WITH HIM. AFTER RECEIVING THIS INFORMATION FROM THE VICTIM, I MADE CONTACT WITH THE DEFENDANT, MR BRYAN COPE, WHO HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. HIS EYES WERE ALSO BLOOD SHOT AND HIS SPEECH WAS SLURRED. I ASKED THE DEFENDANT WHAT HAD HAPPENED THIS EVENING, AND HE ADVISED THAT HE WAS TRAVELING SOUTH ON NORTH PAGE AVENUE WHEN HIS PASSENGER SIDE MIRROR STRUCK A BICYCLIST. AT THAT TIME, I ADVISED THE DEFENDANT I WAS CONCLUDING MY TRAFFIC CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE (DUI). I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING, AND HE STATED HE WAS AT COACHES PUB IN INVERNESS WHERE HE CONSUMED THREE BEERS AND THREE SHOTS OF CROWN ROYAL WHILE EATING DINNER. 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/HER 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 WAS ALSO ADVISED TO NOT MOVE HIS HEAD APPROXIMATELY THREE TIMES AND HE WAS VERY UNSTEADY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE. ON HIS FIRST STEP HE STEPPED COMPLETELY OFF THE LINE LOSING HIS BALANCE. HE CONTINUED NOT TOUCHING HEEL TO TOE, USING HIS ARMS TO KEEP HIS BALANCE, AND INSTEAD OF WALKING A STRAIGHT LINE HE WALKED A DIAGONAL LINE. ON THE TURN AROUND THE DEFENDANT LOST HIS BALANCE ONCE AGAIN AND STILL CONTINUED STEPPING OFF THE LINE USING HIS ARMS TO KEEP HIS BALANCE. AT THAT TIME IT WAS DETERMINED THE DEFENDANT COULD NOT PERFORM THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HIS FOOT UP ONE TIME AND LOST HIS BALANCE COMPLETELY. HE THEN ADVISED ME THAT HE COULD NOT EVEN DO THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS/HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS/HER IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS/HER 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 TOWED BY SCALLY'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS/HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .220 AND .201. 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, CITATION NUMBER 7237-XAD9 WITH A MANDATORY COURT APPEARANCE ON 051310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0056FYA4, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
