| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR12-3151) 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. ON 101412, I RESPONDED AS BACKUP FOR DEPUTY NORTON (0758) WHO WAS ON A TRAFFIC STOP, ACROSS FROM CRYSTAL SQUARE, WHICH IS LOCATED AT 605 SOUTHEAST US HIGHWAY 19. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY NORTON, WHO ADVISED THAT THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MR AARON BRADLEY SIMMS, HAD BEEN DRIVING A SILVER IN COLOR, FOUR DOOR HONDA. DEPUTY NORTON ADVISED THAT THIS VEHICLE HAD TURNED OFF OF MAYO DRIVE, HEADING NORTH BOUND INTO US HIGHWAY 19,WITHOUT STOPPING AT THE STOP SIGN. SEE DEPUTY NORTONâS SUPPLEMENT FOR FURTHER DETAILS. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS STILL IN THE DRIVERâS SEAT OF HIS VEHICLE. I ASKED HIM WHY HE HAD BEEN STOPPED, AND HE STATED THAT HE DRIVEN THROUGH THE STOP SIGN WITHOUT STOPPING. I COULD IMMEDIATELY DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS BREATH, AND HIS EYES HAD A BLANK STARE, AND WERE BLOODSHOT. I ASKED THE DEFENDANT IF HE HAD HAD ANY THING TO DRINK TONIGHT, AND HE STATED THAT HE HAD HAD A FEW BEERS EARLIER THIS EVENING. I THEN ASKED THE DEFENDANT TO STEP FROM HIS VEHICLE, AND STEP TO THE FRONT OF DEPUTY NORTONâS PATROL VEHICLE. AT THIS TIME, DEPUTY HRYC (0701) ARRIVED ON SCENE, TO SEARCH THE DEFENDANTâS VEHICLE, WHICH HE HAD GIVEN CONSENT TO. I THEN ASKED THE DEFENDANT IF HE WOULD CONSENT TO FIELD SOBRIETY TESTING, AND HE STATED THAT HE WOULD. 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 EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. WHILE PERFORMING THIS TASK, THE DEFENDANT SWAYING BACK AND FORTH, AND COULD NOT STEADY HIMSELF. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO TAKE HIS FIRST NINE STEPS DOWN, AND WHILE DOING SO, THE DEFENDANT COUNTED EACH STEP VERY SLOWLY, AND DID NOT LOOK DOWN AT HIS FEET WHILE WALKING, INSTEAD LOOKING STRAIGHT AHEAD, AS THOUGH TO FIX HIS GAZE UPON HIS VEHICLE. HE LOST HIS BALANCE ON HIS SECOND AND THIRD STEP, AND ALSO ON THE EIGHTH STEP. WHEN THE DEFENDANT ATTEMPTED TO TAKE HIS NINE STEPS BACK, HE HAD A DIFFICULT TIME TOUCHING HEEL TO TOE, AND STILL DID NOT LOOK DOWN AT HIS FEET UNTIL I INSTRUCTED HIM TO DO SO. WHEN THE DEFENDANT LOOKED DOWN, HE IMMEDIATELY LOST HIS BALANCE, AND HAD DIFFICULTY COMPLETING THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS FOOT, POINTING HIS TOE UPWARDS, APPROXIMATELY TWELVE INCHES OFF OF THE GROUND. THE DEFENDANT ALSO LOOKED STRAIGHT AHEAD. THE DEFENDANT COUNTED TO NUMBER SEVEN, PLACED HIS FOOT DOWN, AND THEN PICKED IT BACK UP. I INSTRUCTED THE DEFENDANT TO LOOK DOWN AT HIS FOOT WHILE COUNTING, AND TO POINT HIS TOW OUTWARDS WHILE HE LOOKED OWN. THE DEFENDANT THEN BEGAN TO LOSE HIS BALANCE, AND CONTINUOUSLY SWAYED TO THE RIGHT BEFORE CORRECTING HIMSELF AND REGAINING HIS BALANCE. HE DID NOT FOLLOW THE INSTRUCTIONS WHICH HAD BEEN GIVEN TO HIM. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNING. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE PER THE DEFENDANTâS REQUEST WITH DEPUTY NORTON, TO BE PICKED UP BY A FRIEND THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, WITH THE TEST RESULTS BEING 0.158 AND 0.148. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. 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 7180XGA2, WITH A MANDATORY COURT APPEARANCE OF 110112, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE WARNING, BY NORTON. SEE HIS SUPPLEMENT FOR DETAILS. |
