| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (17-14749) (AR17-22446) 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 012917, AT APPROXIMATELY 0256 HOURS, I RESPONDED TO THE MCDONALDS IN INVERNESS, LOCATED AT 240 SOUTH US HIGHWAY 41, IN REFERENCE TO A SUBJECT THAT WAS PASSED OUT IN A BLACK PONTIAC GRAND PRIX IN THE DRIVE-THROUGH. THE CALLER STATED THAT THEY TRIED TO WAKE THE SUBJECT UP AND WHEN HE WOKE UP, HE PASSED OUT AGAIN. UPON MY ARRIVAL, I OBSERVED SEVERAL VEHICLES IN THE DRIVE-THROUGH AND THE FRONT VEHICLE WAS A BLACK PONTIAC GRAND PRIX WITH A WHITE MALE DRIVER. I PULLED UP TO THE PASSENGERâS SIDE OF THE VEHICLE, EXITED MY VEHICLE AND STARTED BANGING ON THE PASSENGERâS SIDE WINDOW BECAUSE THE DRIVER/DEFENDANT WAS SLUMPED OVER. I WAS ABLE TO GET THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MR BRANDON TAYLOR, TO WAKE UP BUT THEN HE PASSED OUT AGAIN. I WENT AROUND TO THE DRIVERâS SIDE AND OBSERVED THE VEHICLE TO BE IN DRIVE, WITH THE DEFENDANTâS FOOT ON THE BRAKE. I WAS ABLE TO WAKE THE DEFENDANT AND HAD TO TELL HIM SEVERAL TIMES TO PUT THE VEHICLE IN PARK. THE DEFENDANT APPEARED TO BE CONFUSED, SO I OPENED THE DRIVERâS SIDE DOOR AND TOLD THE DEFENDANT TO PLACE HIS VEHICLE IN PARK. THE DEFENDANT THEN PLACED HIS VEHICLE IN PARK AND JUST STARED BLANKLY AT ME. I ASKED THE DEFENDANT IF HE WAS OKAY, TO WHICH HE STATED, âYESâ, AND I COULD IMMEDIATELY DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN ASKED THE DEFENDANT IF HE WOULD STEP OUT OF HIS VEHICLE AND STEP TO THE REAR, TO WHICH HE COMPLIED. I DID OBSERVE THE DEFENDANT TO BE UNSTEADY ON HIS FEET, HAVE BLOODSHOT EYES, AND INSIDE OF HIS VEHICLE I DID OBSERVE SEVERAL EMPTY BUDWEISER 16 OUNCE CANS. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO FIELD SOBRIETY TESTS, TO WHICH HE STATED THAT HE WOULD. I THEN ASKED THE DEFENDANT TO STEP OVER TO MY VEHICLE AND HAD DEPUTY RAMOS (0515) MOVE THE DEFENDANTâS VEHICLE OUT OF THE DRIVE-THRU. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD A HARD TIME MAINTAINING HIS BALANCE, DID NOT POINT HIS FOOT UPWARD BUT INSTEAD POINTED IT OUT, HE DID COUNT TO THE NUMBER 30 AS INSTRUCTED. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE PERFORMING THIS TASK, ON THE DEFENDANTâS FIRST NINE STEPS HE DID NOT TOUCH HEEL TO TOE ON STEP SIX OR NINE. WHEN THE DEFENDANT TURNED AROUND, HE DID NOT FOLLOW DIRECTIONS AND INSTEAD SPUN AROUND AND LOST HIS BALANCE STEPPING OFF THE LINE. WHEN THE DEFENDANT TOOK NINE STEPS BACK, HE LOST HIS BALANCE ON TWO, THREE AND SIX, AND HAD A HARD TIME MAINTAINING HIS BALANCE THROUGHOUT THIS TASK. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS/HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. I DID ASK THE DEFENDANT HOW MUCH HE HAD TO DRINK TONIGHT, TO WHICH HE REPLIED, âA FEW JUST WITH SOME BUDDYâSâ, I ASKED THE DEFENDANT IF HE WAS JUST HANGING OUT DRINKING, TO WHICH HE STATED, âYESâ. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN THE PARKING LOT, LOCKED, PER THE OWNERS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .110 AND .113. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER A44KSDE FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 021617 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
