| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10114832) 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 051510, AT APPROXIMATELY 0200 HOURS, DEPUTY DAVIS OBSERVED THE DEFENDANT, MR ANTHONY RODDY, DRIVING A WHITE CHEVROLET PICKUP TRUCK WESTBOUND ON NE 5TH STREET, PARTIALLY IN THE OUTSIDE WESTBOUND LANE AND IN THE WESTBOUND BICYCLE LANE. THE DEFENDANT DROVE THIS WAY FOR APPROXIMATELY ONE HALF OF A MILE, AT WHICH TIME DEPUTY DAVIS CONDUCTED A TRAFFIC STOP AT 730 NE 5TH STREET. I RESPONDED TO SCENE AS BACK UP, AT WHICH TIME MYSELF AND DEPUTY DAVIS MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT'S SPEECH WAS SLURRED, VERY ELONGATED, AND THERE WAS AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I ADVISED THE DEFENDANT OF THE REASON FOR THE TRAFFIC STOP AND EXPLAINED TO HIM THAT DUE TO THE SIGNS OF INTOXICATION HE DISPLAYED, I WAS GOING TO CONDUCT A FIELD SOBRIETY TEST. 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 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, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO TAKE HIS RIGHT INDEX FINGER AND TOUCH THE TIP OF HIS NOSE. THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE AND DID NOT TOUCH THE TIP OF HIS NOSE. I THEN INSTRUCTED THE DEFENDANT TO TAKE HIS LEFT INDEX FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH TIME HE MOVED HIS HANDS INAPPROPRIATELY AND COULD NOT TOUCH HIS NOSE. I THEN HAD THE DEFENDANT TAKE HIS RIGHT INDEX FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH TIME HE TOUCHED THE BRIDGE OF HIS NOSE AND HELD HIS FINGER THERE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, WHO RAISED HIS RIGHT FOOT OFF OF THE GROUND AND COULD NOT HOLD IT FOR MORE THAN ONE SECOND BEFORE PLACING IT BACK ON THE GROUND. THE DEFENDANT ATTEMPTED THIS TASK TWO MORE TIMES BUT COULD NOT COMPLETE IT WHILE CONTINUOUSLY APOLOGIZING TO THIS DEPUTY. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HIS HEEL TO TOES, AND UPON GETTING TO STEP FIVE HE COUNTED THE NUMBER FIVE TWICE BEFORE LOSING HIS BALANCE. THE DEFENDANT CONTINUED ON TO THE NINTH STEP AND COUNTED THE NUMBER NINE TWO TIMES. THE DEFENDANT THEN ATTEMPTED TO TURN AROUND AND WALK BACK, BUT CONTINUOUSLY LOST HIS BALANCE. 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 DAVIS TO BE PICKED UP BY A FRIEND OF THE DEFENDANT'S. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .173 AND .172. 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 3131-XDQ (9), WITH A MANDATORY COURT APPEARANCE OF 060310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION, NUMBER, 6753-FRY, FOR VIOLATION OF RESTRICTIONS FOR LEARNER'S PERMIT AND WAS GIVEN A $166.00 FINE PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING FOR FAILURE TO MAINTAIN CONTROL OF A LANE. *NOT-EXEMPT* |
