| Probable cause affidavit: |
SUBMITTED BY: GERENA, GABRIEL 1361 (AR16-19179) 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(1)(A). ON 042316, AT APPROXIMATELY 0158 HOURS, I WAS DISPATCHED TO NORTH CEDARVIEW TERRACE AND EAST SHADY ACRES DRIVE, IN INVERNESS, IN REFERENCE TO A VEHICLE ACCIDENT THAT JUST OCCURRED. UPON ARRIVAL, I OBSERVED THE VEHICLE, A BEIGE FOUR DOOR HONDA, BEARING FLORIDA LICENSE PLATE BFRW84, TO BE AGAINST A TELEPHONE POLE WITH DAMAGE TO THE FRONT OF THE VEHICLE. I THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR GAGE SCHNEIDER. I ASKED THE DEFENDANT WHAT HAPPENED, TO WHICH HE STATED HE WAS DRINKING AT HIS FRIENDâS RESIDENCE AND HAD JUST LEFT TO GO TO HIS RESIDENCE TO GO BED. I ASKED THE DEFENDANT HOW MUCH HE HAD BEEN DRINKING AND HE STATED QUITE A BIT AND IMMEDIATELY BEGAN TO APOLOGIZE STATING ââI AM VERY DRUNKââ AND ââI AM VERY SORRY.ââ 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED SEVERAL TIMES TO COMPLETE THE TASK, BUT WAS UNABLE TO DO SO. HE STATED THAT HE WAS TOO DRUNK TO COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO COMPLETE THE TASK SEVERAL TIMES, BUT WAS UNABLE TO DO SO. HE STATED THAT HE WAS TOO DRUNK TO COMPLETE THE TASK. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. 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 TOWED DUE TO THE EXTENSIVE DAMAGE TO THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .218 AND .217. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 0381-XEJ 9, WITH A MANDATORY COURT APPEARANCE OF 051216 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. |
