| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR08103757) 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 061608, AT APPROXIMATELY 0041 HOURS, WHILE ON ROUTINE PATROL TRAVELING SOUTHBOUND IN THE AREA OF TURNER CAMP ROAD AND ELLA AVENUE, I OBSERVED THE DEFENDANT TRAVELING NORTHBOUND IN AN ERRATIC MANNER. AS THE DEFENDANT'S VEHICLE WAS APPROACHING MY VEHICLE THE VEHICLES DRIVER'S SIDE CROSSED THE DOUBLE YELLOW LINE, AT WHICH TIME I VEERED TO THE RIGHT TO AVOID A COLLISION WITH THE DEFENDANT'S VEHICLE. AT THAT TIME I TURNED MY PATROL VEHICLE AROUND, WHERE I OBSERVED THE DEFENDANT'S VEHICLE MOVE TO THE RIGHT, CROSSING OVER THE WHITE FOG LINE. THE VEHICLE THEN CROSSED BACK LEFT, CROSSING THE DOUBLE YELLOW LINE. AT THAT TIME I ACTIVATED MY OVERHEAD LIGHTS AND SIREN TO STOP THE DEFENDANT BEFORE HE CAUSED A CRASH. AT THAT TIME THE DEFENDANT'S VEHICLE CAME TO A STOP IN THE AREA OF TURNER CAMP ROAD AND HILL TOP LOOP. I MADE CONTACT WITH THE DEFENDANT AT HIS VEHICLE. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND, HIS EYES WERE RED AND GLASSY. AT THAT TIME I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING THIS EVENING AND HE ADVISED HE HAD BEEN. I HAD THE DEFENDANT EXIT HIS VEHICLE. THE DEFENDANT WAS UNSTEADY AND USED HIS DRIVER'S SIDE DOOR TO KEEP HIS BALANCE. AT THAT TIME I HAD THE DEFENDANT WALK TO THE REAR OF HIS VEHICLE, AT WHICH 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 THE ONLY DISABILITY HE HAD WAS A SPEECH IMPEDIMENT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER 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. DURING THIS TASK THE DEFENDANT MOVED HIS HEAD AND WAS INSTRUCTED NOT TO DO SO. THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET AND HAD TO MOVE TO KEEP HIS BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE DEMONSTRATION THE DEFENDANT ATTEMPTED TO PERFORM THE TASK AND WAS INSTRUCTED NOT TO DO SO UNTIL THE DEMONSTRATION WAS COMPLETE. DURING THE TASK THE DEFENDANT DID NOT TOUCH HEEL TO TOE, HE WAS VERY UNSTEADY, STEPPING OFF THE LINE APPROXIMATELY SEVEN TIMES. HE USED HIS ARMS TO KEEP HIS BALANCE AND AT ONE POINT HE ADVISED HE COULD NOT PERFORM THIS TASK. AT THAT TIME I ADVISED HIM IT WAS IN HIS BEST INTEREST TO ATTEMPT THE TASK AGAIN. DURING THIS TASK THE DEFENDANT CONTINUED TO STEP OFF THE LINE, USED HIS ARMS TO KEEP HIS BALANCE, AND AT THAT TIME IT WAS DETERMINED THE DEFENDANT COULD NOT PERFORM THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND DURING THE DEMONSTRATION THE DEFENDANT WAS ATTEMPTING TO DO THE TASK AND WAS INSTRUCTED NOT TO DO SO UNTIL THE DEMONSTRATION WAS COMPLETE. DURING THIS TASK THE DEFENDANT PICKED HIS FOOT UP FOR THE COUNT OF THREE BEFORE LOOSING HIS BALANCE AND PUTTING HIS FOOT DOWN. HE AGAIN ATTEMPTED THE TASK WITH HIS RIGHT FOOT AND PUT IT DOWN FOR THE COUNT OF FIVE AND THEN ADVISED HE COULD NOT PERFORM THIS TASK SOBER. . 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. AT THAT TIME I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK THIS EVENING AND HE ADVISED HE HAD APPROXIMATELY FIVE BEERS AND THE REASON FOR DRINKING THIS EVENING WAS THAT HE WAS NERVOUS ABOUT SEEING HIS MOTHER WHOM HE HAD NOT SEEN IN YEARS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE PASSENGER OF THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .258 AND .248 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7243-XAD WITH A MANDATORY COURT APPEARANCE OF 070308 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0398-FIR FOR FAILURE TO MAINTAIN A SINGLE LANE WITH $123.50 FINE PAYABLE IN 30 DAYS TO THE CITRUS COUNTY COURTHOUSE. DEFENDANT WAS ISSUED WARNING CITATION 226613-B FOR HAVING NON-WORKING LICENSE PLATE LIGHT. *NOT-EXEMPT* |
