| Probable cause affidavit: |
SUBMITTED BY: BLOTZ, GEOFFREY 0752 (AR15-13646) 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 DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HIM TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 322.03(1). ON 012615, I ARRIVED AT WEST HOMOSASSA TRAIL AND SOUTH LANTANA WAY, IN HOMOSASSA, IN REFERENCE TO DEPUTY VIGGIANOâS TRAFFIC STOP. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY VIGGIANO, WHO ADVISED ME THAT HE WAS TRAVELING ON WEST HOMOSASSA TRAIL WHEN HE OBSERVED THE DEFENDANT OPERATING A MOTOR VEHICLE AT AN UNLAWFUL SPEED OF 70 MILES PER HOUR IN A 45 MILE PER HOUR ZONE. AT THAT TIME, DEPUTY VIGGIANO CONDUCTED A TRAFFIC STOP. DEPUTY VIGGIANO ADVISED THAT UPON MAKING CONTACT WITH THE DEFENDANT, HE HAD AN ODOR OF ALCOHOL EMITTING FROM HIS PERSON AND THE DEFENDANT COULD NOT PROVIDE HIM WITH A VALID FLORIDA DRIVER'S LICENSE, AT WHICH TIME HE CONTACTED ME. AFTER RECEIVING THIS INFORMATION, I MADE CONTACT WITH THE DEFENDANT, MR STEVEN BRAXTON JR. THE DEFENDANT HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON, HIS EYES WERE BLOOD SHOT AND HIS SPEECH WAS SLURRED. I ASKED THE DEFENDANT HOW MUCH HE HAD DRANK TONIGHT, TO WHICH HE STATED . I QUESTIONED THE DEFENDANT IF HE HAD A VALID FLORIDA DRIVER'S LICENSE, TO WHICH THE DEFENDANT STATED HE DID NOT, BUT HE DID HAVE A VALID OHIO DRIVER'S LICENSE. I THEN REQUESTED TELETYPE TO RUN THE DEFENDANT THROUGH NCIC/FCIC FOR A DRIVER'S LICENSE CHECK. THE TELETYPE OPERATOR ADVISED ME THAT THE DEFENDANT ONLY HELD A VALID FLORIDA IDENTIFICATION CARD AND THERE WERE NO RECORDS FOUND IN THE STATE OF OHIO. AT THAT TIME, DUE TO THE WEATHER, I PLACED MY PATROL VEHICLE UNDERNEATH THE OVERHANG LOCATED AT THE GAS STATION, ON THE CORNER OF WEST HOMOSASSA TRAIL AND SOUTH LANTANA WAY. I MADE CONTACT WITH THE DEFENDANT AGAIN IN FRONT OF MY PATROL VEHICLE UNDERNEATH THE OVERHANG. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. DURING THIS TASK, THE DEFENDANT WAS TOLD SEVERAL TIMES NOT TO MOVE HIS HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO PERFORMING THIS TASK, THE DEFENDANT ASKED TO TAKE OFF HIS SHOES, WHICH HE DID. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, HE STEPPED OFF THE LINE MULTIPLE TIMES, AND TOOK TEN STEPS INSTEAD OF THE NINE STEPS AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HIS FOOT UP FOR A COUNT OF SIX, HE THEN PLACED HIS FOOT DOWN AND PICKED HIS FOOT UP FOR ANOTHER APPROXIMATE COUNT OF TWELVE, AND ONCE AGAIN PLACED HIS FOOT DOWN AND THEN RAISED IT BACK UP AND COUNTED TO SIXTEEN. 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. THE DEFENDANT WAS READ HIS MIRANDA WARNING, VIA AN AGENCY PREPRINTED CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT, REQUESTING HIM TO CONSENT TO AN APPROVED TEST OF HIS BREATH, FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD CONSENT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .228 AND .233. PRIOR TO LEAVING THE SCENE, THE DEFENDANTâS VEHICLE WAS LEFT AT THE SCENE PER HIS REQUEST. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT ADVISED ME THAT HIS FATHER IS SHERIFF JEFFREY J DAWSY, AND THAT SHERIFF DAWSY WAS GOING TO BE VERY UPSET WITH ME. THE DEFENDANT ALSO STATED THAT THERE WAS NO WAY THAT HE WOULD BE ABLE TO OBTAIN A FLORIDA DRIVER'S LICENSE AFTER THIS INCIDENT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH OPERATING A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0292-XEJ 9, WITH A MANDATORY COURT APPEARANCE OF 021215 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A1BU21P, FOR OPERATING A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, WITH A MANDATORY COURT APPEARANCE OF 021215 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 4576-GZP X, FOR UNLAWFUL SPEED, WITH A $281.00 FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE, WHICH WAS ISSUED BY DEPUTY VIGGIANO. A COPY OF THE IN CAR CAMERA VIDEO FOOTAGE WILL BE PLACED IN TO EVIDENCE. |
