| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09107558) 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. ON 020609 AT APPROXIMATELY 1955 HOURS, WHILE ON PATROL IN THE AREA OF TURNER CAMP AND ELLA AVENUE I WAS RUNNING MOBILE RADAR AND OBSERVED A VEHICLE COMING MY WAY AT A HIGH RATE OF SPEED. AT WHICH TIME, I VIEWED ON MY RADAR A SPEED OF 44 MILES PER HOUR (MPH) AND IT IS A 25 MPH ZONE. I LOCKED THE DEFENDANT'S SPEED AT 44 MPH AND TURNED AROUND AND ACTIVATED MY EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP AT ELLA AVENUE AND LOUNDS STREET. I MADE CONTACT WITH THE DEFENDANT WHO IDENTIFIED HERSELF VIA HER FLORIDA DRIVERS LICENSE. AT WHICH TIME, I INFORMED HER THAT I STOPPED HER BECAUSE SHE WAS SPEEDING. WHILE TALKING WITH THE DEFENDANT I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING OFF OF HER BREATH AS WELL AS HER EYES APPEARED TO BE GLOSSY AND WATERY, AND SHE HAD A HARD TIME SPEAKING IN COMPLETE SENTENCES. AT THAT TIME, I WENT BACK TO MY VEHICLE AND WAITED TO DEPUTY CROSNOE TO ARRIVE ON SCENE. AT THE TIME THAT DEPUTY CROSNOE ARRIVED ON SCENE, I AGAIN MADE CONTACT WITH THE DEFENDANT AND ASKED HER IF SHE HAD ANYTHING TO DRINK TONIGHT, TO WHICH SHE REPORTED "I HAD SOME WINE WITH DINNER" AND THAT SHE WAS ON HER WAY TO HER SISTER'S RESIDENCE IN SWEETWATER. I THEN ASKED THE DEFENDANT HOW LONG SHE HAD A FLORIDA DRIVER'S LICENSE FOR, TO WHICH SHE REPLIED A LONG TIME. I ASKED HER IF SHE KNEW WHAT COMPLIED CONSENT WAS. AT WHICH TIME, SHE REPLIED NO, TO WHICH I THEN ADVISED HER OF WHAT IMPLIED CONSENT MEANT. I THEN HAD THE DEFENDANT STEP OUT OF HER VEHICLE AND INFORMED HER THAT I WOULD BE CONDUCTING A FEW ROAD SIDE SOBRIETY TASKS BECAUSE I THOUGH SHE HAD BEEN DRINKING TONIGHT, TO WHICH SHE REPLIED "OK WE CAN DO THAT". AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH 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. WHILE PERFORMING THE TASKS THE DEFENDANT WOULD MOVE HER HEAD RIGHT TO LEFT WHEN FOLLOWING THE PEN. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ABLE TO COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HER RIGHT FOOT IN THE AIR FOR MORE THAN ONE TO TWO SECONDS AND COUNTED ONE TO TEN AT AN EXCESSIVE RATE. I HAD THE DEFENDANT TRY THE TASK AGAIN, TO WHICH SHE COULD NOT COMPLETE IT. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COUNTED STEPS ONE TO TEN NOT FOLLOWING MY INSTRUCTIONS, IN REFERENCE TO ONLY COUNTING TO NINE. THE DEFENDANT THEN ATTEMPTED TO TURN ON HER RIGHT FOOT, BUT COULD NOT KEEP HER BALANCE THEN PROCEEDED TO WALK APPROXIMATELY NINE TO TEN STEPS BACK WITHOUT TOUCHING HER HEALS TO HER TOES AND VEERED TO THE RIGHT ABOUT 25-30 DEGREES. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT GET PAST F G OR H WITHOUT TURNING THE LETTERS AROUND AND COULD NOT COMPLETE THE TASK. AT WHICH TIME, I HAD THE DEFENDANT TRY THE TASK AGAIN, BUT HAD THE SAME RESULT WHEN SHE GOT TO THE LETTER H. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY CROSNOE WHO STOOD BY WITH THE VEHICLE UNTIL A FAMILY MEMBER PICKED IT UP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE 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 .071 AND .069. 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 7178-XDO WITH A MANDATORY COURT APPEARANCE OF 022609 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7563-FYK, FOR UNLAWFUL SPEED OF 31 IN A 25 MPH ZONE, (ACTUAL SPEED OF 44 IN A 25 MPH ZONE) WITH A $151.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
