| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11122116) 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(1); On 8/06/2011 at approximately 2215 hours, I was traveling south on South Suncoast Boulevard in the outside OF THE southbound lane approaching Yulee Drive. I observed a white in color Chevy Trailblazer sitting in the intersection of South Suncoast Boulevard and Yulee Drive. The CHEVROLET Trailblazer was in the outside southbound lane facing EAST on SOUTH Suncoast BOULEVARD. The traffic light for Yulee Drive was red and the traffic light was green for southbound traffic on South Suncoast Boulevard. I then drove around the Chevy Trailblazer in the inside lane and turned around to head north on South Suncoast Boulevard. As I made my turn, I did observe the CHEVROLET TRAILBLAZER travel thrOUGH the red light and head north on South Suncoast Boulevard. I then activated my emergency equipment and conducted a traffic stop on the Chevy Trailblazer in the parking lot of 4101 South Suncoast Boulevard. I made contact with the driver/defendant, who identified herself as MS Bobbie Solley, via her Florida Driver's License. I advised the defendant that I stopped her because she drove thrOUGH the red light, to which she stated, "yes I did, but I am just angry". While the defendant was speaking, I could detect a strong odor of an alcoholic beverage emitting from her breath. The defendant's eye's were bloodshot and watery. I then went to my patrol VEHICLE to run a driver's license check via NCIC/FCIC. I then went back to the defendant's VEHICLE and asked her to step out of the vehicle to perform standardized field sobriety TASKS, to which the defendant stated she would. I had the defendant step to the driver's side of her vehicle were the surface was smooth and hard. The defendant asked if she could take off her sandals, to which I told her she could. 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, THE DEFENDANT COULD NOT FOLLOW THE TIP OF MY PEN FROM SIDE TO SIDE. THE DEFENDANT CONSTANTLY LOOKED BACK AT ME AND DID NOT COMPLETE THIS TASK AS INSTRUCTED. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT TOOK THREE STEPS. DURING THE DEFENDANT'S THIRD AND FOURTH STEP SHE LOST HER BALANCE AND FELL TO THE RIGHT. THE DEFENDANT STATED THAT SHE COULD NOT PERFORM THIS TASK AND TOLD ME THAT SHE COULD NOT DO THIS TASK EITHER. THE DEFENDANT STATED THAT THE TASK WAS IMPOSSIBLE TO COMPLETE. I ASKED THE DEFENDANT IF SHE WANTED TO TRY THE TASK AGAIN TO WHICH SHE STATED SHE COULD NOT. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT STAND ON ONE LEG. THE DEFENDANT LOST HER BALANCE IMMEDIATELY STATING AGAIN THERE WAS NO POINT THAT SHE WAS GOING TO JAIL ANYWAY. I ASKED THE DEFENDANT TO ATTEMPT TO COMPLETE THE TASK AND TO KEEP GOING UNTIL I INSTRUCTED HER TO STOP, TO WHICH SHE ATTEMPTED THE TASK AGAIN BUT FAILED. 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 IN THE PARKING LOT SECURED PER THE DEFENDANT'S REQUEST. 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 .353 AND .352. 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 4822XDXX WITH A MANDATORY COURT APPEARANCE ON 082511 AT 13:00 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1464ESH8, FOR EXPIRED TAG WITH A $116.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1465ESH9, FOR FAILURE TO STOP AT A RED LIGHT WITH A $268.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
