| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10117421) 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 101710 AT APPROXIMATELY 0223 HOURS, I RESPONDED TO A CALL OF A MALE SUBJECT PASSED OUT BEHIND THE WHEEL OF A VEHICLE AT WEST HOMOSASSA TRAIL AND HIGHWAY 44. UPON MY ARRIVAL I MADE CONTACT WITH DEPUTY OMELIAN, WHO HAD ARRIVED ON SCENE FIRST. DEPUTY OMELIAN ADVISED THAT HE MADE CONTACT WITH THE DEFENDANT, WHO WAS SITTING BEHIND THE WHEEL OF A FORD SPORT UTILITY VEHICLE AND THE DEFENDANT WAS JUST STARING BLANKLY AHEAD. DEPUTY OMELIAN STATED that HE ASKED HIM IF HE WAS OKAY AND WHY WAS HE PASSED OUT AT THE TRAFFIC LIGHT, TO WHICH THE DEFENDANT STATED that HE DID NOT KNOW HOW HE GOT THERE AND THAT HE WAS NOT DRIVING THE VEHICLE. HE THEN REFUSED TO ANSWER ANY MORE QUESTIONS. DEPUTY OMELIAN ADVISED that HE COULD SMELL A HEAVY ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT'S BREATH. I THEN MADE CONTACT WITH THE DEFENDANT and ASKED HIM WHAT HE WAS DOING, TO WHICH THE DEFENDANT REPLIED "YOU ARE JUST TRYING TO FUCK ME". EVERY TIME I ASKED THE DEFENDANT A QUESTION, THE DEFENDANT REPLIED WITH THAT SAME ANSWER. WHILE I WAS SPEAKING WITH THE DEFENDANT, I COULD ALSO DETECT THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. THE DEFENDANT THEN ABRUPTLY GOT OUT OF HIS VEHICLE AND WALKED OVER TO THE CURB AND SAT DOWN. I CONTINUOUSLY TRIED TO SPEAK TO THE DEFENDANT, BUT HE WOULD NOT REPLY OR ANSWER ANY QUESTIONS OTHER THAN STATING "YOU ARE JUST TRYING TO FUCK ME". I THEN ASKED THE DEFENDANT TO PERFORM FIELD SOBRIETY TASKS, TO which HE STATED "IM NOT DOING A DAMN THING". AT THIS TIME THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED INTO THE REAR OF MY PATROL VEHICLE. I MADE CONTACT WITH THE DEFENDANT'S GIRLFRIEND, WHO IS THE OWNER OF THE VEHICLE AND SHE ADVISED SHE WOULD BE ON HER WAY TO PICK IT UP. THE DEFENDANT DID STATE THAT HE HAD BEEN THE HIGH OCTANE BAR, BUT DOES NOT REMEMBER ANYTHING ELSE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 7724-XBL-X WITH A MANDATORY COURT APPEARANCE OF 110410 AT 1300 HOURS 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* |
