| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10118330) 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 121010 AT APPROXIMATELY 2340 HOURS, I RESPONDED TO THE AREA OF OZELLO TRAIL AND HIGHWAY 19 IN REFERENCE TO AN INTOXICATED SUBJECT LYING IN the ROADWAY NEXT TO HIS MOTORCYCLE. DEPUTY TABB ARRIVED ON SCENE FIRST AND I DID SHORTLY THEREAFTER AND made CONTACT WITH the COMPLAINANT. THE COMPLAINANT ADVISED THAT HE WAS NORTHBOUND ON HIGHWAY 19 AND OBSERVED VEHICLES IN FRONT OF HIM DOING A WEAVING TYPE PATTERN AND THEN HE OBSERVED THE DEFENDANT, MR JAMES BATCHELOR, LYING IN the MIDDLE OF THE ROADWAY ON HIGHWAY 19 NEXT TO HIS MOTORCYCLE. the COMPLAINANT ADVISED THAT HE STOPPED AND GOT OUT with THE DEFENDANT WHO WAS TRYING TO PICK UP HIS MOTORCYCLE AT THAT TIME. THE COMPLAINANT DID HELP the DEFENDANT GET HIS MOTORCYCLE UP, AT which POINT THE COMPLAINANT ADVISED THE DEFENDANT TRIED GETTING BACK ON HIS MOTORCYCLE AND RIDING AWAY BUT THE COMPLAINANT STOPPED HIM FROM DOING SO AND HAD HIS SON CALL 9-1-1. the COMPLAINANT ADVISED HE THEN HELPED THE DEFENDANT PUT HIS MOTORCYCLE TO the SIDE OF THE ROAD AND KEPT HIM THERE UNTIL WE ARRIVED ON SCENE. I THEN MADE CONTACT WITH the DEFENDANT AND ASKED HIM WHAT happened, TO which HE ADVISED HE WAS ON HIS WAY HOME FROM WORK BUT HAD STOPPED FOR SOME DRINKS. THE DEFENDANT THEN BEGAN MUMBLING INCOHERENTLY AND DID NOT KNOW WHAT WAS GOING ON. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TO WHICH HE STATED HE HAD AT LEAST FOUR OR FIVE BEERS. I THEN ASKED THE DEFENDANT IF HE WOULD STEP OVER FOR FIELD SOBRIETY TASKS TO WHICH HE ADVISED, OKAY. 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. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO STAND WITH ONE FOOT IN FRONT OF THE other AND HOLD THAT POSITION UNTIL I INSTRUCTED HIM TO START THE TASK. HE DID NOT PUT HIS RIGHT FOOT IN FRONT OF HIS LEFT AND WAS SWAYING WHILE STANDING THERE. I THEN HAD THE DEFENDANT START THE TASK, which HE STARTED COUNTING WITH THE NUMBER TWO. THE DEFENDANT DID NOT TOUCH HEEL TO TOE UNTIL THE SEVENTH STEP and THEN MISCOUNTED ON STEP NUMBER EIGHT AND TOOK TWO MORE STEPS and STOPPED. THE DEFENDANT THEN TURNED AROUND, REGROUPED HIMSELF, AND STARTED TAKING NINE STEPS BACK. THE DEFENDANT AGAIN STARTED COUNTING WITH THE NUMBER TWO, and ON STEP NUMBER FIVE HE DID NOT TOUCH HEEL TO TOE WITH ANY OF THE REMAINING STEPS. the DEFENDANT TOOK TEN STEPS and THEN STOPPED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, THE DEFENDANT BEFORE STARTING the TASK LOST HIS BALANCE, AT WHICH TIME I TOLD HIM GO AHEAD AND START WHEN YOU ARE INSTRUCTED TO START. I THEN INSTRUCTED THE DEFENDANT TO START THE TASK, WHICH HE PICKED HIS RIGHT FOOT OFF THE GROUND BUT IMMEDIATELY PUT IT BACK DOWN. THE DEFENDANT REPEATED this ONE MORE TIME, and theN STATED THAT HE COULD NOT DO THE TASK. I TOLD THE DEFENDANT TO TRY AND COMPLETE the TASK and TO ONLY STOP WHEN I TELL HIM TO. THE DEFENDANT AGAIN ATTEMPTED TO TAKE HIS RIGHT FOOT OFF THE GROUND and COUNTED TO the NUMBER SIX AND PUT HIS FOOT BACK DOWN and THEN JUST STOOD THERE UNTIL THE 30 SECONDS WAS UP. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. 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. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7729-XBL5 WITH A MANDATORY COURT APPEARANCE OF 123010 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
