| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (AR10117688) 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(3)(C)(1). ON 103110, I RESPONDED TO FOREST RIDGE BOULEVARD ACROSS FROM FOREST RIDGE ELEMENTARY TO AN ACCIDENT THAT HAD ALREADY occurred WHERE I WITNESSED THE DEFENDANT'S TRUCK FACING NORTHBOUND ON A SOUTHBOUND LANE WITH THE FRONT DRIVER'S WHEEL BROKEN OFF AND THE REAR WHEELS DUG INTO THE DIRT COMPLETELY BURIED. AN INVESTIGATION WAS COMPLETED ON THE ACCIDENT AND AN ACCIDENT REPORT WAS FILLED OUT. I THEN INFORMED THE DEFENDANT, MR CLAYTON ANDREWS, THAT I HAD CONCLUDED THE ACCIDENT REPORT AND I WAS BEGINNING MY DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION AND IF HE WOULD BE ABLE TO PERFORM SOBRIETY TASKS TO GAGE HIS SOBRIETY. THE DEFENDANT STATED THAT THERE WOULD BE NO PROBLEM THAT HE WOULD SUBMIT TO MY SOBRIETY TASKS. I THEN QUESTIONED IF HE HAD ANY ALCOHOLIC BEVERAGES TONIGHT. HE INFORMED ME THAT HE HAD FOUR GIN AND TONICS BETWEEN THE HOURS OF 2300 HOURS AND 0230 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. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THIS TASK, THE DEFENDANT KEPT MOVING HIS HEAD AND WAS UNABLE TO FOLLOW MY DIRECTION. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT INFORMED ME THAT HE WAS NOT ABLE TO BALANCE AND WOULD NOT BE ABLE TO PERFORM THE ONE LEG STAND. THE DEFENDANT DID RAISE HIS LEG BUT WAS UNABLE TO HOLD FOR MORE THAN ONE SECOND AND REFUSED TO COMPLETE THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO WALK HEEL TO TOE. HE STAGGERED THROUGH STEP TWO THROUGH SIX. HE SKIPPED STEP SEVEN AND EIGHT, TURNED AROUND ON STEP NINE, STAGGERED, INFORMED ME THAT HE WAS UNABLE TO WALK THAT HE WAS TOO DRUNK TO DO THIS TASK. HE THEN APOLOGIZED TO ME FOR HAVING TO DO MY JOB AND FOR HIM DRIVING DRUNK. I THEN QUESTIONED THE DEFENDANT AS TO HIS EDUCATION LEVEL. HE INFORMED ME THAT HE HAD A COLLEGE DEGREE. I THEN ASKED HIM TO RECITE THE ALPHABET "A" THROUGH "Z". HE WAS UNABLE TO RECITE THE ALPHABET AFTER "F" SAYING "J, M, O". HE THEN REALIZED THAT HE INFORMED ME THAT "I COULD NOT RECITE THE ALPHABET I AM TOO IMPAIRED". THE DEFENDANT WAS UNABLE TO COMPLETE ANY OTHER TASKS. ALL INDICATORS OF HIM BEING IMPAIRED SUCH AS THE DEFENDANT HAD SLURRED SPEECH, HIS EYES WERE GLAZY, AND THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN HAD THE DEFENDANT TURN AROUND, INFORMED HIM THAT I WAS PLACING HIM UNDER ARREST FOR DUI, HANDCUFFED HIM BEHIND HIS BACK, READ HIM HIS MIRANDA RIGHTS VIA AGENCY ISSUED CARD, AND READ HIM CONSENT VIA AGENCY ISSUED CARD. THE DEFENDANT DID AGREE TO GIVE ME A SAMPLE OF HIS BREATH. ON THE WAY TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT STATED THAT HE WAS AN "EMT". WHEN I ASKED WHICH EMT SERVICE HE WORKED FOR, HE INFORMED ME THAT HE WAS A TILE CONTRACTOR AND HE WAS SELF EMPLOYED. HE THEN APOLOGIZED TO ME AGAIN FOR DRIVING DRUNK AND HE WAS SORRY I HAD TO DO MY JOB. THE DEFENDANT WAS TAKEN TO THE DETENTION FACILITY, BOOKED, AND PROCESSED. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .177 AND .174. 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 (UTC) NUMBER 9761-XCO-8, WITH A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UTC NUMBER 8123-FRY-X, FOR CARELESS DRIVING, WITH A $163.00 FINE, PAYABLE IN 30 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
