| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR13-5492) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT CRASHED INTO A 1994 CHEVROLET CAVALIER BEARING FLORIDA TAG NUMBER BAK-Q73 AND CAUSED DAMAGE IN THE AMOUNT OF $4,000.00, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1); AND 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 050313, AT APPROXIMATELY 2336 HOURS, I RESPONDED TO A VEHICLE CRASH INVOLVING TWO VEHICLES AT NORTHEAST CRYSTAL STREET AT THE INTERSECTION OF NORTH CITRUS AVENUE IN THE CITY OF CRYSTAL RIVER. DISPATCH ADVISED THERE WERE NO INJURIES INVOLVED. UPON MY ARRIVAL, I MADE CONTACT WITH VEHICLE ONEâS DRIVER, WHO WAS IDENTIFIED AS MR THOMAS SESTITO. HE ADVISED THAT HE WAS TRAVELLING EASTBOUND ON NORTHEAST CRYSTAL STREET APPROACHING THE INTERSECTION OF NORTH CITRUS AVENUE. HE ADVISED THAT HE LOOKED BOTH WAYS THEN CONTINUED TO TRAVEL THROUGH THE INTERSECTION TO TRAVEL EASTBOUND, AT WHICH TIME, HE STRUCK ANOTHER VEHICLE. HE WAS DRIVING A 2008 WHITE HYUNDAI SANTA FE BEARING FLORIDA TAG NUMBER 627-TZP, WHICH HAD FRONT END DAMAGE. HIS VEHICLE WAS IN THE ROADWAY OF NORTHEAST CRYSTAL STREET JUST EAST OF THE INTERSECTION OF NORTH CITRUS AVENUE IN THE WESTBOUND LANE. THE ESTIMATED COST TO REPAIR DAMAGE WAS $2,500.00. I THEN MADE CONTACT WITH THE DRIVER OF VEHICLE TWO, WHO WAS IDENTIFIED AS MR STEVEN LOWRY. HE ADVISED HE WAS TRAVELLING IN A NORTHBOUND DIRECTION OF NORTH CITRUS AVENUE APPROACHING THE INTERSECTION OF NORTHEAST CRYSTAL STREET. AS HE ENTERED THE INTERSECTION THE WHITE UTILITY VEHICLE, WHICH WAS AT THE STOP SIGN, HAD ENTERED THE INTERSECTION IMPACTING THE LEFT SIDE OF HIS VEHICLE. THIS CAUSED HIS VEHICLE TO SPIN AND CAME TO A FINAL REST FACING IN A SOUTHWEST DIRECTION IN THE PARKING LOT OF THE BP CONVENIENCE STORE LOCATED AT NORTHEAST CRYSTAL STREET AND NORTH CITRUS AVENUE. MR LOWRY COMPLETED A SWORN, WRITTEN STATEMENT STATING THAT THE DEFENDANT WAS THE ONLY DRIVER/OCCUPANT INSIDE THE OTHER VEHICLE. I COLLECTED HIS STATEMENT AND IT WAS LATER TURNED IN TO RECORDS. MR LOWRY WAS CHECKED OUT BY EMERGENCY MEDICAL SERVICES IN REFERENCE TO LEFT SHOULDER PAIN, HOWEVER HE REQUIRED NO FURTHER TREATMENT AND TRANSPORTATION TO THE HOSPITAL WAS NOT NEEDED. HIS VEHICLE WAS DESCRIBED AS A 1994 TURQUOISE CHEVROLET CAVALIER BEARING FLORIDA TAG NUMBER BAK-Q73, WHICH HAD SEVERE LEFT SIDE DAMAGE. THE ESTIMATED COST TO REPAIR DAMAGE TO THIS VEHICLE WAS $4,000.00. HIS VEHICLE WAS TOWED BY KNIGHTLY AUTO. AT THAT TIME, I DETERMINED THAT MR THOMAS SESTITO WAS AT FAULT WITH THE ACCIDENT FOR VIOLATION OF RIGHT-OF-WAY. WHILE SPEAKING WITH MR SESTITO, HE STATED THAT THE WAS COMING FROM THE BUZZ BAR. I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ALSO OBSERVED THAT HIS EYES WERE GLASSY AND BLOOD-SHOT AND HIS SPEECH WAS SLURRED. AT THAT TIME, I ADVISED MR SESTITO THAT I HAD CONCLUDED MY TRAFFIC CRASH INVESTIGATION AND WAS NOW GOING TO BE CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE (DUI). MR SESTITO WAS READ HIS MIRANDA WARNINGS FROM A PRE PRINTED CARD. HE STATED HE UNDERSTAND HIS RIGHTS AND WOULD CONTINUE TO SPEAK WITH ME. 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 HAS PROBLEMS WITH HIS LOWER BACK. HOWEVER, THIS WOULD NOT STOP HIM FOR PERFORMING ANY OF THE SOBRIETY TASKS. HE WAS ASKED IF HE HAD TAKEN ANY MEDICATIONS. HE STATED HE IS PRESCRIBED OXYCODONE AND VALIUM. HE ADVISED HE HAD FOUR OR FIVE DRINKS EARLIER. I ASKED HIM OF WHAT AND HE STATED A MIXTURE OF VODKA, WATER, ICE AND SWEET TEA. PRIOR TO PERFORMING TASKS, MY IN-CAR VIDEO WAS ACTIVATED AND A COPY OF THE VIDEO WILL BE TURNED IN TO EVIDENCE. 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. THE DEFENDANT STATED HE WAS NEARSIGHTED IN HIS LEFT EYE AND FARSIGHTED IN HIS RIGHT EYE AND THAT WAS THE REASON HE WORE GLASSES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT COULD NOT BALANCE DURING THE INSTRUCTIONAL PHASE. THE DEFENDANT MISSED HEEL-TO-TOE ON EACH STEP AND STEPPED OFF THE LINE. HE USED BOTH ARMS FOR BALANCE AND TOOK WRONG NUMBER OF STEPS. HE WAS UNABLE TO FINISH THE TASK AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT SWAYED FROM LEFT TO RIGHT, USED BOTH ARMS FOR BALANCE AND HE PLACED HIS FOOT DOWN AND COUNTS ONE THOUSAND AND ONE AND ONE THOUSAND AND TWO. HE WAS NOT ABLE TO PERFORM THE TASK CORRECTLY AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANTâS VEHICLE WAS TOWED BY ADAMâS TOWING. 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. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. HE WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7101-WQB9, FOR FAILURE TO YIELD WITH A FINE OF $166.00 PAYABLE IN 30 DAYS. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 7244-XGA1 FOR DUI WITH A MANDATORY COURT APPEARANCE OF 052313 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7245-XGA-2 FUTC, FOR DUI WITH PROPERTY DAMAGE PERSONAL INJURY, WITH A BOND OF $500.00, PER THE BOND SCHEDULE. A MANDATORY COURT DATE WAS SET FOR 052313 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
