| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0658 (AR1200301) 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). DID, KNOWING HIS DRIVER’S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). ON 031312 AT APPROXIMATELY 0316 HOURS, I WAS TRAVELLING SOUTH BOUND ON US HIGHWAY 19 WHERE I NOTICED A BLACK SPORTS UTILITY VEHICLE (SUV) TRAVELLING NORTH BOUND PASSING MY LOCATION AT HIGHWAY 44. THIS VEHICLE APPEARED TO HAVE AN INOPERABLE DRIVER’S SIDE HEADLIGHT. I THEN TURNED AROUND ON THE VEHICLE AND INITIATED A TRAFFIC STOP AND THE VEHICLE DID PULL INTO THE PARKING LOT OF 123 NE US HIGHWAY 19. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR SHANE MITCHELL, WHO WAS THE ONLY OCCUPANT OF THE VEHICLE. AT THAT TIME, I ASKED TO SEE HIS DRIVER’S LICENSE TO WHICH HE STATED HE DID NOT HAVE ONE. I THEN ASKED IF HE HAD ANY IDENTIFICATION, AT WHICH TIME, HE HANDED ME A FLORIDA ID CARD. I ASKED HIM IF HE HAD EVER HAD A DRIVER’S LICENSE IN THE STATE OF FLORIDA TO WHICH HE STATED YES THAT IT WAS SUSPENDED FOR FAILURE TO PAY FINES IN PENNSYLVANIA. DURING THIS TIME, THE DEFENDANT WAS SPEAKING IN A VERY LOW TONE AND I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I DID ASK HIM WHERE HE WAS GOING AND HE STATED HOMOSASSA, AT WHICH TIME, I ADVISED HIM HE HAD ALREADY DRIVEN THROUGH HOMOSASSA AND WAS DRIVING NORTH THROUGH CRYSTAL RIVER. I THEN RETURNED TO MY PATROL VEHICLE WHERE I RAN THE DEFENDANT’S DRIVER’S LICENSE THROUGH “D.A.V.I.D.” AND IT DID SHOW A SUSPENSION ON 111389 FOR 24 POINTS WITHIN 36 MONTHS. A SUSPENSION ON 010201 FOR FINANCIAL RESPONSIBILITY JUDGMENT AND A SUSPENSION ON 052907 FOR ONE YEAR FOR OBTAINING A LICENSE BY FRAUD. ALL WITH NOTICES GIVEN AND NO RECORD OF ANY REINSTATEMENT. AT THAT TIME, I REQUESTED BACK-UP AND DEPUTY RICCI (0606) RESPONDED. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. AT THIS TIME, I ASKED HIM AGAIN WHERE HE WAS GOING AND HE STATED JACKSONVILLE. I DID ADVISE THE DEFENDANT THAT I THOUGHT HE MIGHT BE UNDER THE INFLUENCE OF ALCOHOL AND REQUESTED HIM TO SUBMIT TO SOBRIETY TASKS TO WHICH HE AGREED. 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 NO, HOWEVER, I DID NOTICE THAT HIS LEFT EYE SEEMED TO BE DEFORMED AND I COULD NOT SEE HIS PUPIL. I DID ASK HIM ABOUT THIS AND HE STATED THIS HAS BEEN A LIVELONG INJURY, HOWEVER, HE SEES FINE OUT OF HIS RIGHT EYE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS RIGHT EYE. THERE WAS LACK OF SMOOTH PURSUIT IN THE RIGHT EYE. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN THE RIGHT EYE. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO 45 DEGREES IN THE RIGHT EYE. THE DEFENDANT DID MOVE HIS HEAD DURING THIS TASK. TASK TWO, THE RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATED SEVERAL LETTERS OVER AND ATTEMPTED TO RESTART SEVERAL TIMES. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COMPLETED THE TASK AS DIRECTED. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HIS HEEL TO TOE AND APPEARED UNSTABLE. 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 (DUI). 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO DEPUTY RICCI WHO COMPLETED A TOW SHEET FOR ADAMS TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT BY CORRECTIONS CORPORATION OF AMERICA (CCA) EMPLOYEE ASHLEY DADDARO. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .140 AND .124. THE DEFENDANT DID ADVISE THE CORRECTIONS OFFICER THAT HE HAD SIX 12 OUNCE BEERS AND THREE SHOTS OF TWO OUNCE TEQUILA BETWEEN 2200 HOURS AND 2400 HOURS. THE CORRECTIONS OFFICER DID ADVISED ME THAT HE PERFORMED POORLY DURING THE TASK AND PROVIDED ME WITH COPIES OF HER REPORT. THE DEFENDANT WAS THEN ISSUED DUI UNIFORM TRAFFIC CITATION NUMBER 4742-XDX-X WITH A MANDATORY COURT APPEARANCE OF 032912 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM CRIMINAL TRAFFIC CITATION NUMBER 6500-GQF-6 WITH MANDATORY COURT APPEARANCE DATE OF 032912 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED WARNING NUMBER 343740-B FOR INOPERABLE DRIVER’S SIDE HEADLIGHT. THE DEFENDANT’S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. A DUI PACKET WAS COMPLETED AND TURNED IN TO RECORDS. THE IN-CAR DVD WAS TURNED IN TO EVIDENCE. |
