| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-4046) THE DEFENDANT 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(1) ON 010713 AT APPROXIMATELY 2225 HOURS, I WAS CONDUCTING STATIONARY RADAR IN THE AREA OF CYPRESS BOULEVARD EAST AND PINE STREET IN HOMOSASSA. I OBSERVED AND HEARD A VEHICLE TRAVELING NORTHWEST AT A HIGH RATE OF SPEED. THE VEHICLE WAS APPROACHING MY PATROL VEHICLE FROM THE REAR AND MY REAR RADAR WAS ACTIVATED AT THE TIME. THERE WAS A HIGH AUDIO DOPPLER TONE AND A TARGET SPEED OF 50 MILES PER HOUR (MPH) ON THE DEFENDANTâS VEHICLE WHERE THE POSTED SPEED LIMIT IS 35 MPH FOR CYPRESS BOULEVARD EAST. I IMMEDIATELY ACTIVATED MY EMERGENCY EQUIPMENT AS THE VEHICLE SPED PAST MY PATROL VEHICLE. THE VEHICLE CONTINUED AT THE SPEED OF 50 MPH DRIVING OFF THE ROAD TO THE RIGHT SHOULDER AND EVENTUALLY STOPPED AT CYPRESS BOULEVARD EAST AND CYPRESS CIRCLE IN HOMOSASSA. THE DISTANCE FROM WHERE I HAD ACTIVATED MY EMERGENCY EQUIPMENT AND THE LOCATION WHERE THE DEFENDANT STOPPED WAS BETWEEN ONE HALF MILE AND ONE MILE. I MADE CONTACT WITH THE DEFENDANT, ADVISED HIM OF THE REASON FOR THE TRAFFIC STOP AND ASKED HIM FOR HIS DRIVERâS LICENSE. THE DEFENDANT STATED HE WAS ALMOST HOME AND MUMBLED INCOHERENTLY. THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANTâS BREATH. HE HAD DIFFICULTY FINDING AND RETRIEVING HIS DRIVERâS LICENSE FROM HIS WALLET. THE DEFENDANTâS HAT WAS ON SIDEWAYS AND HIS EYES WERE VERY BLOODSHOT AND DROOPING HEAVILY. I RETURNED TO MY PATROL VEHICLE AND CONDUCTED A DRIVERâS LICENSE CHECK ON THE DEFENDANT, AT WHICH TIME CANINE DEPUTY VIGGIANO ARRIVED AS BACKUP. I MADE CONTACT WITH THE DEFENDANT AGAIN AND ASKED HIM IF HE WOULD STEP OUT OF HIS VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HER STATED HE WOULD. AS THE DEFENDANT WALKED TO THE BACK OF HIS VEHICLE, HE STUMBLED TWO TIMES AND LEANED AGAINST HIS TRUCK, WITH HIS BACK AGAINST IT, TO MAINTAIN HIS BALANCE. 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 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 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 SWAYED BACK AND FORTH WHILE PERFORMING THIS TASK AND FELL TO HIS LEFT, AT which TIME I HAD TO STEADY HIM SO HE COULD MAINTAIN HIS BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THE TASK BEFORE BEING TOLD TO DO SO. WHEN THE DEFENDANT TOOK HIS FIRST NINE STEPS, HE DID NOT FOLLOW A STRAIGHT LINE, INSTEAD ZIGGED AND ZAGGED BACK AND FORTH WHILE TAKING HIS STEPS. THE DEFENDANT DID NOT TOUCH HEEL TO TOE AND COULD NOT COUNT HIS STEPS. THE DEFENDANT TOOK EIGHT STEPS AND TURNED AROUND AND ATTEMPTED TO TAKE NINE STEPS BACK. THE DEFENDANT REPEATEDLY LIFTED HIS ARMS TO MAINTAIN HIS BALANCE, DID NOT TOUCH HEEL TO TOE AND TOOK TEN STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS LEFT FOOT AND IMMEDIATELY PLACED IT BACK DOWN AND COUNTED TO THE NUMBER TWO, THEN BACK TO THE NUMBER ONE AND STOPPED. THE DEFENDANT THEN STATED âIâVE ONLY HAD ONE, TWO BEERSâ¦â I THEN ASKED THE DEFENDANT TO ATTEMPT THE TASK AGAIN, AT WHICH TIME THE DEFENDANT LIFTED HIS LEFT FOOT AND COUNTED âONE, THREE, TWO, TWO AND FOUR,â THEN LOST HIS BALANCE AND FELL TO THE SIDE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE, PER HIS REQUEST. THE DEFENDANT THEN CHANGED HIS MIND AND ASKED THAT HIS WIFE BE CONTACTED AND PICK UP THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .163 and .154. 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, CITATION NUMBER 7197-XGAX, WITH A MANDATORY COURT APPEARANCE ON 013113 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 99036519, FOR UNLAWFUL SPEED, 50 MPH IN A POSTED 35 MPH SPEED ZONE; RADAR UNIT 962000021, MODEL MPH PYTHON. |
