| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR09107798) 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 022109 AT APPROXIMATELY 0005 HOURS, I WAS IN THE AREA OF HERNANDO AT COUNTY ROAD 486 AND HIGHWAY 41, WHEN I WAS ADVISED BY DISPATCH THAT THERE WAS A LARGE SPORT UTILITY VEHICLE (SUV), AT THE CUMBERLAND FARMS, IN HERNANDO, IN WHICH THE OCCUPANTS OF THE VEHICLE WERE POSSIBLY INTOXICATED. WHILE TRAVELING NORTH ON HIGHWAY 41, I OBSERVED A TAN BRONCO TRAVELING SOUTH ON HIGHWAY 41 WITH THE DRIVER SIDE HEADLIGHT OUT AT WHICH TIME I TURNED AROUND ON SAID VEHICLE. UPON FOLLOWING THE VEHICLE FOR ¾ OF A MILE, THE VEHICLE DID NOT MAINTAIN A SINGLE LANE AND RAN OFF THE ROAD TWO TIMES WHILE TRAVELING SOUTH ON HIGHWAY 41 PASSING COUNTY ROAD 486. I THEN INITIATED A TRAFFIC STOP ON SAID VEHICLE, BEARING FLORIDA LICENSE PLATE NUMBER L610BB. AT FIRST THE VEHICLE CONTINUED TRAVELING SOUTHBOUND AND THEN BEGAN TO PULL OFF INTO THE DITCH JUST NORTH OF THE SHELL STATION ON HIGHWAY 41. I USED MY PA SYSTEM TO HAVE THE VEHICLE PULL INTO THE SHELL STATION AT 2300 NORTH FLORIDA AVENUE. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MR THOMAS RHOADES, IDENTIFIED VIA HIS FLORIDA DRIVER'S LICENSE. UPON SPEAKING WITH THE DEFENDANT, HIS SPEECH WAS VERY SLURRED AND HIS EYES WERE EXTREMELY BLOODSHOT. WHILE SPEAKING WITH HIM THERE WERE APPROXIMATELY THREE OPEN CONTAINERS IN PLAIN VIEW. HOWEVER, I WAS UNABLE TO DETERMINE IF THEY WERE HIS OR THE OTHER OCCUPANTS' IN THE VEHICLE. WE HAD THE DEFENDANT STEP OUT FROM THE VEHICLE. UPON DOING SO, I ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, TO WHICH HE STATED THAT HE HAD TWO, EIGHT OUNCE COORS LIGHT IN THE LAST HOUR. THE DEFENDANT DID HAVE AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ASKED THE DEFENDANT IF HE CONSUMED ANY OTHER ALCOHOLIC BEVERAGES THROUGHOUT THE DAY, TO WHICH HE STATED, NO. I ASKED WHEN THE LAST TIME WAS THAT HE HAD ANYTHING TO EAT, TO WHICH HE STATED THAT HE HAD SOME DINNER AROUND 2100 HOURS. I THEN ASKED IF HE WOULD PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED, YES. I ASKED THE DEFENDANT IF HE UNDERSTOOD THE ENGLISH LANGUAGE AND COULD RECITE THE ALPHABET, TO WHICH HE STATED, YES. I ASKED THE DEFENDANT IF HE KNEW HIS RIGHT FROM HIS LEFT, AND HE REPLIED, YES. 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 THEN ASKED THE DEFENDANT IF HE COULD TOUCH THE TIP OF MY PEN WITH HIS RIGHT POINTER FINGER. ON HIS FIRST ATTEMPT HE COMPLETELY MISSED THE PEN. I ASKED THE DEFENDANT IF HE WANTED TO TRY AGAIN, AND HE STATED YES. AT THAT TIME HE WAS ABLE TO TOUCH THE TIP OF MY PEN WITH HIS RIGHT POINTER FINGER. 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 NO VISUAL PURSUIT AND HAD SOMEWHAT OF A BLANK STARE AND DID NOT TRACK THE PEN AT ALL. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. ON THE FIRST ATTEMPT WITH HIS RIGHT FINGER, THE DEFENDANT FAILED TO TOUCH THE TIP OF HIS NOSE, TOUCHING THE MIDDLE OF HIS NOSE. THE DEFENDANT DID NOT KEEP HIS EYES CLOSED OR HIS HEAD TILTED BACK AND SWAYED SIDE TO SIDE. THE DEFENDANT DID TOUCH THE TIP OF HIS NOSE ON HIS OTHER THREE ATTEMPTS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HIS ARMS BY HIS SIDE AND PUT HIS FOOT DOWN AFTER SIX SECONDS. HE PICKED HIS FOOT BACK UP AND COUNTED UNTIL NINE STARTING AT SEVEN. THE DEFENDANT PUT HIS FOOT BACK DOWN AT 10 SECONDS, AND THEN STARTED AGAIN COUNTING AND THEN STOPPED AT 14. THE DEFENDANT WHILE COUNTING, MISSED THE NUMBERS 12 AND 13, AND DID NOT FINISH THE TASK. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE ALL NINE STEPS OUT, AND DID NOT STEP ON THE LINE. THE DEFENDANT AT APPROXIMATELY FOUR STEPS, STUMBLED TO THE LEFT APPROXIMATELY TWO TO THREE FEET OFF THE LINE ALMOST FALLING. THE DEFENDANT DID AN IMPROPER TURN AND DID NOT DO THE CORRECT NUMBER OF STEPS BACK, AND DID NOT TOUCH HEEL TO TOE. THE DEFENDANT STATED DURING THE TASK THAT HE COULD NOT REMEMBER HOW MANY STEPS HE HAD TAKEN. THE DEFENDANT DID THE TASK AS IF WALKING AT A NORMAL PACE. TASK FIVE, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK, THE DEFENDANT MISSED THE LETTERS "Q" AND "R". 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/HER 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 TOWED BY ADVANCED TOWING. 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 .169 AND .141. 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 7190-XDO WITH A MANDATORY COURT APPEARANCE OF 031209 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, WARNING, NUMBER 240537B, FOR INOPERABLE HEADLIGHT, AND WARNING NUMBER 240538B, FOR FAILURE TO MAINTAIN A SINGLE LANE. *NOT-EXEMPT* |
