| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR12-3595) 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. DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E). ON 112512, AT APPROXIMATELY 0205 HOURS, I OBSERVED A VEHICLE TRAVELING SOUTHBOUND ON US HIGHWAY 19/SOUTH SUNCOAST BOULEVARD, SWERVING FROM LANE TO LANE, AT A HIGH RATE OF SPEED. I CAUGHT UP TO THE VEHICLE JUST SOUTH OF LONGFELLOW AND ACTIVATED MY BLUE LIGHTS. THE VEHICLE CONTINUED TO DRIVE, BUT AT A VERY SLOW RATE OF SPEED, ALL WHILE STILL SWERVING FROM LANE TO LANE. AT ONE POINT, THE VEHICLE CROSSED ALL THE WAY OVER THE SPLIT MEDIAN OF THE ROADWAY WITH THE DOUBLE HORIZONTAL LINES. WE CONTINUED SOUTHBOUND AT APPROXIMATELY 15 MILES PER HOUR (MPH), AND THE VEHICLE FINALLY STOPPED IN THE PARKING LOT OF HOMOSASSA SPRINGS STATE PARK I MADE CONTACT WITH THE DRIVER, WHO WAS LATER IDENTIFIED BY HIS FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MR JORGE HERALDO DOSSANTOS, JR. UPON ASKING THE DEFENDANT TO PRODUCE HIS FLORIDA DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, THE DEFENDANT TURNED TO ME, AND WITH THICKLY SLURRED SPEECH, STATED âIâM HAVING SOME BAD PROBLEMS RIGHT NOW.â I DETECTED A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON THE DEFENDANTâS BREATH. THE DEFENDANT ATTEMPTED FOR SEVERAL MINUTES, UNSUCCESSFULLY, TO REMOVE HIS DRIVER'S LICENSE FROM HIM WALLET. I FINALLY ASKED THE DEFENDANT IF I MAY ASSIST HIM IN REMOVING HIS DRIVER'S LICENSE FROM HIS WALLET, AND ADVISED THAT I COULD. THE DEFENDANT ALSO PRODUCED HIS VEHICLE REGISTRATION AND PROOF OF INSURANCE, AFTER REPEATED REQUESTS BY THIS DEPUTY. I THEN ASKED THE DEFENDANT TO EXIT HIS VEHICLE. UPON DOING SO, THE DEFENDANT HAD TO USE HIS VEHICLE FOR BALANCE, SWAYING APPROXIMATELY TWO INCHES AS HE STOOD. THE DEFENDANT WAS VERY SLOW AND CONFUSED IN HIS RESPONSES TO MY QUESTIONS AND REQUESTS. 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/SHE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE DEFENDANT ADVISED THAT HE DID NOT WEAR CONTACT LENSES NOR GLASSES. 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. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HIS ARMS FOR BALANCE, AND PLACED HIS FOOT DOWN THREE TIMES. THE DEFENDANT RAISED HIS RIGHT FOOT AT FIRST, BUT COULD NOT COMPLETE THE TASK, AS HE USED HIS ARMS FOR BALANCE. THE DEFENDANT THEN ASKED IF HE COULD ATTEMPT THE TASK AGAIN, RAISING HIS LEFT FOOT. UPON RAISING HIS OTHER FOOT, HE LOST HIS BALANCE AND FELL OVER TO THE SIDE. THIS TASK WAS THEN HALTED FOR THE SAFETY OF THE DEFENDANT. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN THE STARTING POSITION, COULD NOT COUNT OUT LOUD, DID NOT TOUCH HEEL TO TOE, TOOK THE WRONG NUMBER OF STEPS, AND PERFORMED AN IMPROPER TURN. 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. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE, PER HIS REQUEST, STATING THAT HIS MOTHER WAS EN ROUTE TO PICK UP THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH OR URINE. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND DUI REFUSAL, WITH A TOTAL BOND OF $750.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4677XDX8, WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 0097GQG4, FOR DUI REFUSAL, WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 0096GQG3, FOR FAILURE TO MAINTAIN A SINGLE LANE, WITH A $116 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE ENTIRE INCIDENT AND FIELD SOBRIETY TESTING WAS CAPTURED ON THIS DEPUTYâS IN VEHICLE VIDEO CAMERA. FOOTAGE OF THIS WAS LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |
