| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (AR13-4578) 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 022113 WHILE PATROLLING ON WEST NORVELL BRYAN HIGHWAY, I OBSERVED A MAROON IN COLOR, CHEVROLET PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE 1326BA, TO BE SITTING IN A TURN LANE WHILE POINTING IN THE WRONG DIRECTION. I THEN PROCEEDED TO CONDUCT A TRAFFIC STOP WHERE I WAS UNABLE TO VISIBLY SEE THE DRIVER, WHO WAS SLUMPED OVER TO HIS RIGHT SIDE, ASLEEP, WITH THE ENGINE RUNNING, AND THE VEHICLE IN NEUTRAL. I THEN PROCEEDED TO WAKE UP THE DRIVER, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR PHILIP JEREMIAH DENOMA, WHO APPEARED TO BE INTOXICATED. I COULD DETECT A HEAVY ODOR OF ALCOHOL EMITTING FROM THE CABIN OF THE TRUCK. THE DEFENDANTâS EYES WERE BLOODSHOT, HIS PUPILS WERE ENLARGED, HE HAD SLURRED SPEECH, AND WAS UNABLE TO LOCATE HIS WALLET UPON REQUEST. I ASKED THE DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY TESTS, TO WHICH HE STATED, âI HAVE TO PEE.â I ASKED THE DEFENDANT HOW MANY ALCOHOLIC BEVERAGES HE HAD CONSUMED THIS EVENING, AND HE ADVISED THAT HE HAD HAD THREE BEERS IN LESS THAN ONE HOUR TONIGHT. 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 LEFT AND 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 TOOK TEN STEPS, WHICH WERE NOT HEEL TO TOE, WHILE WOBBLING FROM SIDE TO SIDE. THE DEFENDANT THEN TOOK NINE STEPS BACK, WHICH WERE ALSO NOT FROM HEEL TO TOE, AGAIN WHILE WOBBLING FROM LEFT TO RIGHT. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT THE REPEATED â8â TWICE, STUTTERED ON â11,â STUTTERED ON â12,â AND REPEATED â15â TWICE. I HAD THE DEFENDANT STOP THE TEST AT â19.â TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT TOUCH HIS RIGHT HAND FINGER TO NOSE, MISSING IT. THE DEFENDANT THEN WAS ASKED TO USE HIS LEFT HAND, AND ALSO MISSED DURING HIS SECOND ATTEMPT, TWICE, ON THE LEFT SIDE. TASK FIVE, ROMBERG TEST. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT COMPLETED THIS TASK, AT A VERY SLOW PACE. 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. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING 0.147 AND 0.141. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND SET, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7221XGA5, WITH A MANDATORY COURT APPEARANCE ON 030713, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
