| Probable cause affidavit: |
SUBMITTED BY: VENTIMIGLIA, LEE 0621 (AR08104493) 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 080208, I RESPONDED TO THE INVERNESS REGIONAL PLAZA AS BACKUP OFFICER FOR CANINE DEPUTY DEARDEN REGARDING A TRAFFIC STOP. DEPUTY DEARDEN ADVISED HE COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE HE BELIEVED TO BE COMING FROM THE OCCUPANTS OF THE VEHICLE. HE HAD THE DRIVER, MR RAYMOND R ATHERTON, STEP OUT OF THE VEHICLE TO THE FRONT OF HIS PATROL VEHICLE AFTER HE COMPLETED HIS TRAFFIC STOP . 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. I OBSERVED THE DEFENDANT TO HAVE BLOODSHOT, WATERY EYES, AND I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. 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 COULD NOT KEEP HIS BALANCE WHILE LISTENING TO THE INSTRUCTIONS. HE USED HIS ARMS FOR BALANCE, AND HE LOST HIS BALANCE WHILE TURNING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE INSTRUCTED, SWAYED WHILE BALANCING, USED HIS ARMS TO HELP HIM BALANCE, AND PUT HIS FOOT DOWN ONCE BEFORE THE 30 SECONDS HAD ELAPSED TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS EYES CLOSED, AND HIS INDEX FINGER DID NOT TOUCH THE TIP OF HIS NOSE. AFTER THE EXERCISE WAS COMPLETE, THE DEFENDANT CONTINUED TO TOUCH HIS NOSE WITH HIS FINGER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE OWNER, WHO HAD BEEN A PASSENGER. 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 .180 AND .166. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7163-XDO WITH A MANDATORY COURT APPEARANCE OF 082108 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
