| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR12-1163) THE DEFENDANT 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(1) ON 051412 AT 2227 HOURS, I WAS TRAVELING EAST ON EAST BUSHNELL ROAD, APPROACHING ISTACHATTA ROAD IN FLORAL CITY. THE WEATHER CONDITIONS WERE CLOUDY WITH LITTLE TO NO WIND. THE ROAD CONDITIONS WERE MOSTLY DRY WITH NO OBVIOUS DEFECTS. I OBSERVED A VEHICLE TRAVELING WESTBOUND ON EAST BUSHNELL ROAD, APPROACHING MY PATROL VEHICLE, DISPLAYING FOUR DISTINCT HEADLIGHTS. AS THE VEHICLE PASSED, I OBSERVED IT WAS AN OLDER MODEL GENERAL MOTORS (GM) STYLE PICKUP TRUCK AND THERE WAS NO CHANGE IN THE HEADLIGHT PATTERN. I PULLED OFF TO THE SIDE OF THE ROAD, WAITED FOR EASTBOUND TRAFFIC TO PASS AND TURNED AROUND TO CATCH UP TO THE VEHICLE. I CAUGHT UP WITH THE VEHICLE ON EAST BUSHNELL ROAD, JUST EAST OF EAST DANIELS ROAD. I OBSERVED THE VEHICLE SUDDENLY SLOW AND MAKE A LEFT HAND TURN ON TO EAST DANIELS ROAD WITHOUT DISPLAYING A TURN SIGNAL. AT THE SAME TIME, I ACTIVATED MY EMERGENCY WARNING LIGHTS TO CONDUCT A TRAFFIC STOP. THE VEHICLE, BERING ALASKA TAG GTU-PGO, STOPPED ON EAST DANIELS ROAD. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR RICKIE R CHAMPION, AND EXPLAINED TO HIM THAT I HAD STOPPED HIM FOR FAILURE TO DIM HEADLIGHTS FOR ON-COMING TRAFFIC AND REQUESTED HIS DRIVERâS LICENSE and the VEHICLE REGISTRATION. MR CHAMPION HANDED ME AN INSURANCE CARD FOR THE VEHICLE AND I AGAIN ASKED FOR THE VEHICLE REGISTRATION AND HIS DRIVERâS LICENSE. MR CHAMPION PROVIDED ME WITH HIS FLORIDA DRIVERâS LICENSE, HOWEVER, NEITHER HE NOR HIS PASSENGER, MS DIANNA M FASO, WERE ABLE TO PROVIDE THE VEHICLE REGISTRATION. WHILE SPEAKING WITH MR CHAMPION, I OBSERVED HIS SPEECH WAS SLURRED AND THICK-TONGUED, HIS EYES WERE GLASSY, HIS MOVEMENTS WERE SLOW AND HE HAD A FAINT ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HIS PERSON. I RETURNED TO MY PATROL VEHICLE AND REQUESTED BACKUP. WHILE WAITING FOR BACKUP TO ARRIVE, I COMPLETED A WRITTEN WARNING FOR FAILURE TO DIM HEADLIGHTS. DEPUTY BLOTZ ARRIVED AND I POSITIONED MY PATROL VEHICLE TO CONDUCT FIELD SOBRIETY TASKS. I ASKED DEPUTY BLOTZ TO HAVE MR CHAMPION EXIT HIS VEHICLE AND STAND NEAR THE REAR OF IT. I OBSERVED MR CHAMPION TO BE UNSTEADY AS HE WALKED TO THE REAR OF HIS TRUCK. AT THAT TIME, I ASKED MR CHAMPION IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED HE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT MR CHAMPION HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR CHAMPION. DURING THIS TASK, MR CHAMPION DID NOT TOUCH HEEL TO TOE AFTER COMPLETING THE FIRST NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR CHAMPION. DURING THIS TASK, MR CHAMPION TOUCHED HIS FOOT DOWN MORE THAN THREE TIMES, RAISED HIS ARMS OVER SIX INCHES TO BALANCE, WAS UNABLE TO COMPLETE THE TASK AND STATED âI CANâT DO THIS.â TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MR CHAMPION. DURING THIS TASK, MR CHAMPION FAILED TO RETURN HIS ARM TO HIS SIDE. THE TASK WAS AGAIN EXPLAINED AND DEMONSTRATED. DURING THE SECOND ATTEMPT, MR CHAMPION TOUCHED LEFT-UNDER TIP; RIGHT-UNDER TIP; LEFT-TIP AND HAD TO BE REMINDED TO KEEP HIS HEAD TILTED BACK; RIGHT-UNDER TIP; RIGHT- STARTED WITH WRONG HAND, THEN USED CORRECT HAND- TIP; LEFTâTIP. MR CAMPION WAS THEN DIRECTED TO THE FRONT OF MY PATROL VEHICLE. HE WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEARCHED. MR CHAMPION WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND SECURED IN THE SEAT BELT. PRIOR TO LEAVING THE SCENE, MR CHAMPION'S PERSONAL ITEMS WERE LEFT IN HIS VEHICLE WITH THE PASSENGER AND THE VEHICLE AND PASSENGER WERE LEFT WITH DEPUTY BLOTZ. MR CHAMPION WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS BY CORRECTION OFFICER RHODE WHO ADVISED THE RESULTS OF THE TEST WERE .193 AND .190. DURING THE TIME I WAS DEALING WITH MR CHAMPION, HE CONTINUALLY MADE ME AWARE OF HIS PAST MILITARY SERVICE, KEPT SAYING âREALLYâ AND MADE COMMENTS THAT HE WAS NOT THAT INTOXICATED. MR CHAMPION WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. MR CHAMPION WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7167-XGA5, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE. MR CHAMPION WAS ALSO ISSUED WRITTEN WARNING NUMBER 99034702, FOR FAILURE TO DIM HEADLIGHTS AND WRITTEN WARNING NUMBER 99034703, FOR FAILURE TO USE TURN SIGNAL. A DVD OF THE INCIDENT WAS BURNED AND LATER TURNED IN TO EVIDENCE ALONG WITH A COMPLETED PROPERTY RECEIPT. |
