| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR11119407) 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'S STATE STATUTE 316.193. ON 021711 AT APPROXIMATELY 2230 HOURS, I RESPONDED TO ASSIST DEPUTY C PHILLIPS WITH A TRAFFIC STOP. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY PHILLIPS WHO ADVISED ME THE VEHICLE WAS ALL OVER THE ROAD and THE DRIVER/DEFENDANT, MR JOHN MINNER, SAID HE HAD BEEN DRINKING. THE WEATHER CONDITIONS WERE CLEAR WITH LITTLE TO NO WIND. THE ROAD WAS DRY WITH NO OBVIOUS DEFECTS. I ACTIVATED MY IN-CAR CAMERA SYSTEM AND PREPARED TO CONDUCT A DUI INVESTIGATION. I MADE CONTACT WITH MR MINNER WHO WAS STILL SEATED IN THE DRIVER'S SEAT OF HIS VEHICLE. I OBSERVED MR MINNER'S EYES WERE WATERY and GLASSY AND I ALSO DETECTED A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I ASKED MR MINNER TO PROVIDE HIS REGISTRATION AND PROOF OF INSURANCE. MR MINNER STATED that HE HAD TOO MUCH TO DRINK AND SHOULD NOT BE DRIVING. MR MINNER WAS NOT ABLE TO PROVIDE THE DOCUMENTS I REQUESTED. I NEXT ASKED MR MINNER TO STEP FROM THE VEHICLE AND COME TO AN AREA WHERE I WAS SHINNING MY FLASHLIGHT. AS MR MINNER STEPPED FROM THE VEHICLE, I OBSERVED HE WAS SLIGHTLY UNSTEADY AND THE ODOR OF AN ALCOHOLIC BEVERAGE BECAME MORE EVIDENT. 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 FORTY-FIVE DEGREES IN THE RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOPPED TO STEADY HIMSELF ON STEP EIGHT, RETURNED, STEPPED OFF LINE ON STEP ONE AND COUNTED WRONG NUMBER OF STEPS. AT THIS TIME MR MINNER STATED THAT WE BOTH KNEW HE WAS DRUNK AND TO JUST ARREST HIM. I EXPLAINED TO MR MINER I WOULD NEED TO CONDUCT FURTHER TASKS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS FOOT DOWN AT COUNT OF EIGHT, UNABLE TO COMPLETE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT'S TASK RESULTS WERE: LEFT JUST ABOVE TIP, RIGHT TIP, LEFT TIP FUMBLED BUT TOUCHED, RIGHT TIP, RIGHT TIP, AND LEFT TIP. THE DEFENDANT WAS PLACED UNDER ARREST FOR DUI, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE CONTACT WAS MADE WITH MR MINNER'S GIRLFRIEND VIA HIS CELLULAR TELEPHONE TO COME GET HIS VEHICLE. MR MINNER WAS TRANSPORTED to the CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO CORRECTIONAL OFFICER KEACH FOR A TEST OF HIS BREATH. CORRECTIONAL OFFICER KEACH PROVIDED ME WITH THE RESULTS OF THE TEST. THE RESULTS INDICATED .167 AND .168. MR MINNER'S BOND WAS SET AT $500.00 PER the BOND SCHEDULE. A DVD COPY OF THE INCIDENT WAS BURNED and LATER TURNED IN TO EVIDENCE ALONG WITH A PROPERTY RECEIPT. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
