| Date of birth: | Jul 20, 1963 |
| Probable cause affidavit: | SUBMITTED BY: LYNN, KURT 0349 (AR08103834) ON 062108, DEPUTY DEARDEN WAS TRAVELING WEST ON MAIN STREET IN THE AREA OF LINE AVENUE WHEN HE OBSERVED A BLACK FOUR DOOR SATURN TRAVELING EAST ON MAIN STREET AT A HIGH RATE OF SPEED. DEPUTY DEARDEN ACTIVATED HIS RADAR AND RECEIVED A SOLID AUDIO DOPPLER TONE AND READOUT INDICATING THE VEHICLE WAS TRAVELING 56 MILES PER HOUR (MPH) IN A 35 MPH ZONE. DEPUTY DEARDEN STOPPED THE VEHICLE AT SOUTH APOPKA AVENUE AND GRACE AVENUE AND UPON CONTACT with the DRIVER, THE DRIVER APPEARED HEAVILY INTOXICATED. AT THAT TIME, DEPUTY DEARDEN ASKED THIS DEPUTY TO RESPOND TO HIS TRAFFIC STOP. UPON ARRIVAL, DEPUTY DEARDEN BRIEFED THIS DEPUTY ON THE TRAFFIC STOP AND CONTACT WITH THE DRIVER. AT THAT POINT, THIS DEPUTY CONTACTED THE DRIVER, IDENTIFIED MYSELF, AND BEGAN SPEAKING WITH THE DRIVER. THE DRIVER WAS HAVING TROUBLE KEEPING HIS HEAD UPRIGHT/BOBBING BACK AND FORTH. HIS EYES WERE GLASSY AND WATERY AND HIS SPEECH WAS HEAVILY SLURRED AND MUMBLED EVEN WITH HIS SPANISH ACCENT. THE DRIVER STATED TO THIS DEPUTY HE HAS NEVER LIED AND HAD FIVE BEERS EARLIER. DUE TO HIS INABILITY TO MAINTAIN BALANCE INSIDE THE VEHICLE, HE WAS ASKED TO SHUT OFF THE VEHICLE AND STEP OUTSIDE FOR FIELD SOBRIETY TASKS. AS HE EXITED THE VEHICLE, HIS BALANCE WAS POOR AND HE WAS STEPPING OUT OF PLACE. AT THAT TIME, FIELD SOBRIETY TASKS WERE BEGUN. THE FIRST TASK WAS THE HORIZONTAL GAZE NYSTAGMUS WHICH WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER IN BROKEN SPANISH DUE TO THE DRIVER COMPREHENDING A MODERATE AMOUNT OF ENGLISH. HE DID STATE HE UNDERSTOOD THE INSTRUCTIONS, AT WHICH POINT, THE DRIVER DISPLAYED DISTINCT NYSTAGMUS IN BOTH EYES WITH POOR PURSUIT IN BOTH EYES AND ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN BOTH EYES. THE DRIVER'S EYES ALSO APPEARED VERY WATERY AND GLASSY. THE SECOND TASK WAS THE ONE LEG STAND TO WHICH THE DRIVER LOST BALANCE DURING THE INSTRUCTIONS AND DEMONSTRATION. HE DID STATE THAT HE UNDERSTOOD THE INSTRUCTIONS BUT DUE TO HIM NOT BEING ABLE TO MAINTAIN AN UPRIGHT STANCE THIS DEPUTY BECAME CONCERNED FOR HIS SAFETY. HE DID MAKE AN ATTEMPT TO COMPETE THE TASK WITH POOR RESULTS. THE OTHER TWO TASKS WERE NOT DONE DUE TO A CONCERN FOR TRAFFIC AND THE DRIVER'S SAFETY. AT THAT TIME, HE WAS PLACED IN HAND RESTRAINTS (DOUBLE LOCKED) AND READ MIRANDA AND IMPLIED CONSENT AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS GIVEN AN OPPORTUNITY TO PERFORM A BREATH ALCOHOL TEST TO WHICH HE REFUSED AND REQUESTED A LAWYER. THE DRIVER WAS ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 6329-FGW FOR SPEEDING BY DEPUTY DEARDEN AND UTC NUMBER 4297-XDX FOR DRIVING UNDER THE INFLUENCE (DUI). *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Jun 21, 2008 |
| Booking number: | 08103834 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
