| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR2641) THE DEFENDANT, MR PATRICK J FITZGIBBON, 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. ON 090712 AT APPROXIMATELY 0113 HOURS, WHILE PARKED IN THE PARKING LOT OF THE BANK OF AMERICA, WORKING TRAFFIC IN THE AREA, I OBSERVED A PICKUP TRUCK TO EXIT THE PARKING LOT OF GRIFF’S BAR. THIS VEHICLE HEADED NORTH ONTO HIGHWAY 41 BY CROSSING OVER EAST GULF TO LAKE HIGHWAY, WITH NO HEADLIGHTS ON. THIS VEHICLE THEN CONTINUED NORTHBOUND ON HIGHWAY 41, UNTIL IT REACHED THE AREA OF THE BP GAS STATION, AT WHICH POINT THE VEHICLE’S HEADLIGHTS CAME ON. AT THIS POINT, I HAD EXITED THE PARKING LOT OF BANK OF AMERICA, AND WAS HEADING NORTH ONTO HIGHWAY 41 BEHIND THIS VEHICLE. I THEN OBSERVED THE VEHICLE TO CROSS OVER THE INSIDE LINE OF THE TURNING LANE, AND THEN RETURN TO ITS LANE. I THEN PROCEEDED TO CATCH UP TO SAID VEHICLE, TURNING ON MY OVERHEAD LIGHTS TO PERFORM A TRAFFIC STOP ON THE VEHICLE. AS IT APPROACHED THE CIRCLE K GAS STATION AND CONVENIENCE STORE, IT SWUNG WIDE INTO THE TURN LANE TO MAKE A RIGHT TURN INTO THE PARKING LOT THE CIRCLE K. THIS VEHICLE WAS A RED IN COLOR, DODGE PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE 615WNF. I THEN MADE CONTACT WITH THE DRIVER OF THE VEHICLE, LATER IDENTIFIED AS THE DEFENDANT BY HIS FLORIDA DRIVER'S LICENSE. I IMMEDIATELY OBSERVED THE DEFENDANT TO HAVE GLASSY, BLOODSHOT EYES. THE DEFENDANT ALSO HAD A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ASKED THE DEFENDANT IF HE KNEW WHY HE WAS BEING STOPPED. THE DEFENDANT WAS VERY SLOW TO REACT BUT ADVISED YES. I LATER EXPLAINED TO THE DEFENDANT WHY HE WAS BEING STOPPED, AND THEN RETURNED TO MY PATROL VEHICLE TO RUN THE DEFENDANT’S DRIVER'S LICENSE INFORMATION. I THEN REQUESTED DEPUTY MOORE (0619) TO RESPOND TO THIS LOCATION AS BACKUP. SHORTLY AFTER DEPUTY MOORE’S ARRIVAL, I THEN REPOSITIONED MY PATROL VEHICLE TO A LEVEL SPOT IN THE PARKING LOT OF THE CIRCLE K CONVENIENCE STORE, WHICH WAS WELL LIT AND BETTER SUITED TO ADMINISTER ROADSIDE SOBRIETY TESTING. I THEN ASKED THE DEFENDANT TO EXIT HIS VEHICLE, AND WALK WITH ME A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE. THE DEFENDANT APPEARED TO HAVE TROUBLE BALANCING, AND NEARLY WALKED INTO THE SIDE OF MY PATROL VEHICLE. I ASKED THE DEFENDANT HOW MUCH HE HAD HAD TO DRINK THIS EVENING, TO WHICH HE RELIED, “ENOUGH.” I THEN ASKED THE DEFENDANT TO CONTINUE WALKING TO THE FRONT OF MY PATROL VEHICLE. 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 POST TRAUMATIC STRESS DISORDER (PTSD), WHICH WAS DETERMINED NOT TO BE AN INFLUENCE IN HIS BALANCE. AS I WAS EXPLAINING THE FIRST SOBRIETY TASK, THE HORIZONTAL GAZE NYSTAGMUS, THE DEFENDANT ADVISED THIS DEPUTY THAT HE WAS REFUSING TO PERFORM ANY SOBRIETY TASKS WHATSOEVER. I THEN EXPLAINED TO THE DEFENDANT THAT THESE TASKS WERE USED TO DETERMINE WHETHER AN INDIVIDUAL WAS IMPAIRED OR NOT, AND THE DEFENDANT ADVISED THAT HE STILL REFUSED. I THEN ADVISED THE DEFENDANT THAT, BASED ON MY OBSERVATIONS, KNOWLEDGE AND EXPERIENCE, I DID BELIEVE THAT HE WAS IMPAIRED, AND THAT HE SHOULD NOT BE OPERATING A MOTOR VEHICLE. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT INITIALLY REFUSED TO ALLOW DEPUTY MOORE AND MYSELF TO SEAT BELT HIM IN THE BACK SEAT; HOWEVER, THIS DEPUTY WAS EVENTUALLY ABLE TO SEAT BELT THE DEFENDANT INTO THE BACK SEAT. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA CARD, AND ADVISED THAT HE UNDERSTOOD HIS RIGHTS, AND THAT HE WOULD CONTINUE TO SPEAK WITH ME. 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 NOT SUBMIT TO A TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE, AFTER BEING SECURED, WITH THE DEFENDANT’S PERMISSION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS AGAIN READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD, AT WHICH POINT HE INVOKED HIS MIRANDA RIGHTS. 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, NUMBER 7171XGA1, WITH A MANDATORY COURT APPEARANCE OF 092712 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING, NUMBER 99035795, FOR FAILURE TO MAINTAIN A SINGLE LANE. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING, NUMBER 99035794, FOR DRIVING WITHOUT HEADLIGHTS. |
