| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11121276) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT SHE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1). ON 061511 AT APPROXIMATELY 2340 HOURS WHILE TRAVELING SOUTH BOUND ON HIGHWAY 19, I DID OBSERVE A GOLD IN COLOR PICKUP TRUCK PULL NORTH BOUND ONTO HIGHWAY 19 FROM APPLEBEE'S, WHICH IS LOCATED AT HIGHWAY 19 AND WEST VENABLE STREET. THE VEHICLE TURNED NORTH BOUND INTO THE SOUTH BOUND LANES AND TRAVELLED NORTH AT MY VEHICLE, AT WHICH TIME, I ACTIVATED MY EMERGENCY LIGHTS BUT THE VEHICLE DID NOT STOP. THE VEHICLE DROVE INTO THE INSIDE LANE AROUND MY VEHICLE AND CONTINUED NORTH BOUND TO THE AREA OF GODFREY LANE, AT WHICH TIME, THE VEHICLE WENT THROUGH THE MEDIAN INTO THE NORTH BOUND LANES. I STILL HAD MY EMERGENCY LIGHTS AND SIREN ACTIVATED WHILE ATTEMPTING TO STOP THE VEHICLE BUT IT CONTINUED NORTH BOUND. AS THE VEHICLE APPROACHED THE INTERSECTION OF WEST FORT ISLAND TRAIL AND HIGHWAY 19, IT DID STOP FOR THE RED LIGHT, AT WHICH POINT, I STARTED TO EXIT MY VEHICLE YELLING FOR THE DRIVER TO STOP BUT THE LIGHT TURNED GREEN AND THE VEHICLE CONTINUED NORTH BOUND. THE VEHICLE WAS SWERVING FROM THE INSIDE TO THE OUTSIDE LANE AND THEN INTO THE MIDDLE LANE, AT WHICH POINT, HIGHWAY 19 HAD WIDENED TO SIX LANES. AT THIS TIME, DEPUTY TABB AND DEPUTY STOKES PULLED IN BEHIND MYSELF AND THE VEHICLE WITH THEIR EMERGENCY LIGHTS AND SIREN ACTIVATED BUT THE VEHICLE CONTINUED NORTH BOUND IN THE MIDDLE LANE AT APPROXIMATELY 30 MILES PER HOUR (MPH). THE VEHICLE CONTINUED NORTH BOUND FOR APPROXIMATELY THREE OR FOUR MILES PASSING THROUGH THE INTERSECTION OF NORTHWEST HIGHWAY 19 AND NE 5TH AVENUE. THE VEHICLE THEN PULLED INTO THE PARKING LOT OF THE TACO BELL LOCATED AT NORTHEAST HIGHWAY 19 AND CONTINUED TO THE NORTH SIDE OF THE BUILDING AS TO DRIVE THE WRONG WAY THROUGH THE DRIVE-THRU. AT THIS TIME, THE VEHICLE COULD GO NO FURTHER AND THE DRIVER PUT THE VEHICLE IN PARK. I ORDERED THE DRIVER/DEFENDANT OUT OF THE VEHICLE, AT WHICH TIME, THE DEFENDANT STUCK HER HEAD OUT THE OPEN DRIVER'S SIDE DOOR BUT DID NOT EXIT THE VEHICLE. I AGAIN ORDERED THE DEFENDANT OUT OF THE VEHICLE TO WHICH SHE DID NOT COMPLY. I ORDERED THE DEFENDANT OUT ONE MORE TIME, AT WHICH POINT, THE DEFENDANT GOT OUT OF THE VEHICLE AND STARTED WALKING TOWARD ME. AT THIS TIME, I TOLD HER TO TURN AROUND AND SHOW ME HER HANDS TO WHICH SHE STATED "WHY I HAVE NOT DONE ANYTHING WRONG". THE DEFENDANT THEN TURNED AROUND AND WALKED TOWARD ME, AT WHICH POINT, I GRABBED THE DEFENDANT'S ARM AND PLACED IT BEHIND HER BACK AND GRABBED THE OTHER ARM AND PLACED HER INTO HANDCUFFS. I ASKED THE DEFENDANT IF SHE SAW ME DRIVING BEHIND HER TO WHICH SHE STATED YES BUT SHE DID NOT DO ANYTHING WRONG. I ASKED THE DEFENDANT FOR HER DRIVER'S LICENSE TO WHICH SHE STATED IT WAS IN HER TRUCK. AT THIS TIME, DEPUTY TABB RETRIEVED HER DRIVER'S LICENSE AND HANDED IT OVER TO ME. THE DEFENDANT WAS IDENTIFIED AS MS ALBA GOMEZ-HERNANDEZ. I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH. THE DEFENDANT WAS PLACED UNDER ARREST AND PUT INTO THE BACK SEAT OF MY PATROL VEHICLE. DUE TO THE DEFENDANT NOT STOPPING WHEN INSTRUCTED AND NOT FOLLOWING DIRECTION SHE DID NOT PERFORM FIELD SOBRIETY TASKS. THE DEFENDANT'S VEHICLE WAS LEFT AT TACO BELL PER THE OWNER'S REQUEST AND THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .00 AND .00. THE BREATH SAMPLE WAS NOT RELIABLE ON BOTH SAMPLES DUE TO THE VOLUME NOT MET. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7108-XGA-5, WITH A MANDATORY COURT APPEARANCE ON 063011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC), NUMBER 8742-ROZ-6, FOR FAILURE TO OBEY A POLICE OFFICER, WITH A MANDATORY COURT DATE OF 063011 AT 1300 HOURS WITH BOND OF $1,000.00, AND UTC, NUMBER 8741-ROZ-5, FOR DRIVING ON THE WRONG SIDE OF ROADWAY, WITH A FINE OF $166.00 PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY CLERK OF COURTS. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
