VENICE — A Nokomis man was arrested May 3 after failing field sobriety tests following a two-vehicle crash in Vamo.
Benjamin Robert Pettinato, 78, 200 block of E. Matisse Circle, Nokomis, was taken into custody by the Florida Highway Patrol-Venice on charges of DUI fourth or subsequent offense, a third-degree felony, and DUI with damage to property or person of another, a first-degree misdemeanor.
He was released on $3,500 bond.
According to a probable-cause affidavit, the FHP responded to a call regarding a multiple-vehicle crash at 10:15 p.m. May 3. Sarasota County Sheriff’s deputies were on scene at the intersection of U.S. 41 and North Point Road, it says.
A white Lincoln SUV had crashed into the rear of a white Cadillac SUV, it says, and the driver of the Lincoln, Pettinato, was sitting on the driver’s seat of his vehicle.
According to the affidavit, the driver of the Cadillac told the trooper that Pettinato had offered her money to admit to causing the crash because “he did not want a police report.”
She declined and also refused to exchange information with him because she believed him to be impaired, it says.
When a trooper spoke with Pettinato, he noted “the odor of a consumed alcoholic beverage was present and emitting from his person,” the affidavit says. It also says that his eyes were “bloodshot and watery” and his speech was “slurred.”
Pettinato said he was driving home after meeting with a client and denied having consumed alcohol recently, but said he had a drink earlier in the day.
He declined to perform any field sobriety exercises, then agreed to later, while telling the trooper he couldn’t perform any physical activities due to a knee replacement.
The trooper told Pettinato that he was now conducting a DUI investigation. Pettinato informed him he was taking medication for his heart, an upper respiratory infection and pain.
The trooper then tested Pettinato for horizontal gaze nystagmus, which checks for jerky eye motion, and determined there was a lack of smooth motion, the affidavit says.
Then, he administered the Modified Romburg Balance Test, which involves the subject tilting his head back, closing his eyes and estimating the passage of 30 seconds. Pettinato appeared to fall asleep in the first test and in the second stopped the test at 17 seconds, it says.
He also failed the finger-to-nose test, according to the affidavit, touching his glasses each time.
The trooper then place Pettinato under arrest and asked if he would agree to a breath test. Pettinato declined, saying his lawyer had previously advised him not to.
When the trooper checked Pettinato’s driving record, he found three prior DUI convictions, in 1993, 1997 and 2013, the affidavit says.
Records regarding his DUI charges in 1993 and 1997 aren’t available online, but the file from the charge in 2013 shows he pleaded no contest and was adjudicated guilty.
His sentence included 100 hours of community service, a $2,000 fine, DUI school, a 12-month license suspension and no alcohol.
Pettinato’s arraignment is June 14.
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