| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09110167) 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. DID REFUSE TO SUBMIT TO CHEMICAL OR PHYSICAL TEST OF HIS BREATH, BLOOD, AND OR URINE IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E) TO WIT: ON 072609 AT APPROXIMATELY 0125 HOURS, I RESPONDED AS BACKUP TO DEPUTY HUGHES FOR A TRAFFIC STOP AT HIGHWAY 19 AND NORTH EAST 1ST TERRACE. UPON MY ARRIVAL I PARKED MY PATROL VEHICLE APPROXIMATELY 15 FEET FROM THE DEFENDANT'S VEHICLE AND I COULD SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM THE VEHICLE. DEPUTY HUGHES ADVISED THAT HE WAS BEHIND THE DEFENDANT'S VEHICLE TRAVELING NORTH ON HIGHWAY 19, AND OBSERVED THE VEHICLE TO BE DRIVING OVER THE WHITE DIVIDED LINES OF THE WESTBOUND LANE. DEPUTY HUGHES ADVISED AFTER FOLLOWING THE VEHICLE HE ACTIVATED HIS EMERGENCY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP WITH THE SAID VEHICLE. DEPUTY HUGHES ADVISED THAT HE COULD DETECT A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM DEFENDANT'S BREATH UPON SPEAKING WITH HIM. DEPUTY HUGHES STATED THAT HE ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TONIGHT AND THAT THE DEFENDANT STATED HE HAD NOT, HE HAD BEEN OUT SCALLOPING TODAY. I THEN SPOKE WITH THE DEFENDANT AND ASKED HIM IF HE HAD BEEN DRINKING TODAY. HE ADVISED THAT HE HAD NOT, BUT THAT HIS PASSENGER HAD BEEN DRINKING. WHILE SPEAKING WITH THE DEFENDANT, THE DEFENDANT HAD AN ODOR OF ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. THE DEFENDANT HAD A HARD TIME KEEPING HIS BALANCE WHILE SPEAKING TO ME, AND HAD TO LEAN UP AGAINST THE PATROL VEHICLE TO KEEP HIS BALANCE. AT THIS TIME I ADVISED THE DEFENDANT THAT I WOULD BE CONDUCTING A FIELD SOBRIETY TEST BECAUSE I BELIEVED FROM HIS ACTIONS, THAT HE HAD BEEN DRINKING TODAY. 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, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK HIS RIGHT FINGER AND TOUCHED THE TOP OF HIS NOSE BEFORE I INSTRUCTED HIM TO START THE TASK. I THEN ASKED THE DEFENDANT IF HE UNDERSTOOD THE TASK TO WHICH HE STATED HE DID. I THEN HAD THE DEFENDANT TAKE HIS LEFT FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH POINT HE TOOK HIS LEFT FINGER AND TOUCHED THE TOP OF HIS NOSE, WHILE DOING THIS TASK HE HAD A HARD TIME MAINTAINING HIS BALANCE. I HAD THE DEFENDANT REPEAT THIS TASK WITH HIS LEFT HAND WHICH WHEN TOUCHING HIS NOSE HE AGAIN HAD A HARD TIME MAINTAINING HIS BALANCE. I THEN HAD THE DEFENDANT TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE AND WHILE COMPLETING THIS TASK THE DEFENDANT WAS ROCKING BACK AND FORTH AND SWAYING LEFT TO RIGHT. I HAD THE DEFENDANT AGAIN TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, THIS ENDED WITH THE SAME RESULT. TASK TWO, ONE LEG STAND THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK, THE DEFENDANT THEN ASKED THE AFFIANT IF HE COULD RAISE HIS LEFT FOOT INSTEAD OF HIS RIGHT BECAUSE HE HAD A BAD LEFT HEEL. I STATED TO THE DEFENDANT THAT HE COULD DO THAT, AT WHICH POINT THE DEFENDANT RAISED HIS LEFT FOOT APPROXIMATELY THREE TO SIX INCHES OFF THE GROUND AND SPEEDILY COUNTED ONE THOUSAND, TWO ONE THOUSAND, TO FIVE ONE THOUSAND. AT WHICH POINT HE HAD TO PUT HIS FOOT DOWN TO REGAIN HIS BALANCE. THE DEFENDANT PICKED HIS LEFT FOOT UP TO START AGAIN BUT IMMEDIATELY LOST HIS BALANCE AND HAD TO PUT HIS LEFT FOOT BACK DOWN TO STEADY HIMSELF. AT THIS POINT THE DEFENDANT GAVE UP ON THE TASK. I THEN HAD THE DEFENDANT START TASK THREE, WHICH WAS THE WALK AND TURN, AT WHICH POINT HE IMMEDIATELY STATED "IM GOING INTO THE COAST GUARD AND CRIMINAL JUSTICE ACADEMY". I STATED OKAY, AND THEN EXPLAINED AND DEMONSTRATED THE TASK TO THE DEFENDANT, AND ASKED HIM IF HE UNDERSTOOD TO WHICH HE REPLIED YES. THE DEFENDANT STARTED WITH HIS LEFT FOOT AND DID NOT TOUCH HIS HEEL TO HIS TOE, AND TOOK THREE STEPS. AT WHICH POINT HE LOST HIS BALANCE AND PUT HIS RIGHT FOOT SIDEWAYS FACING NORTH IN FRONT OF HIS LEFT FOOT, AND THEN TOOK THREE MORE STEPS IN THAT MANNER, AND TURNED AROUND AT THE NUMBER NINE. THE DEFENDANT THEN ATTEMPTED TO WALK A STRAIGHT LINE BACK BUT STOPPED AT THE NUMBER SEVEN AND STATED, "I CANT DO IT ANYMORE, I HAVE A BAD LEFT FOOT I WILL DO ANY TEST BUT THAT ONE". TASK FOUR, ALPHABET THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THE ALPHABET WITH THE LETTER A AND WHEN HE REACHED THE LETTER G, HE STARTED SLURRING HIS LETTERS. WHEN THE DEFENDANT REACHED THE LETTER M HE REVERSED N, M, P, O, AND THEN CONTINUED TO THE LETTER X AND REPLACED Y WITH M AND ENDED WITH THE LETTER Z. WHILE COMPLETING THE TASK THE DEFENDANT WAS UNSTEADY ON HIS FEET AND SLURRED HIS LETTERS HEAVILY. AT THIS TIME I INFORMED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR A DUI. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN THE PARKING LOT, LOCKED, AND THE KEYS WERE PLACED WITH THE DEFENDANT PER THE DEFENDANT'S REQUEST. 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 3124-XDQ WITH A MANDATORY COURT APPEARANCE OF 091309 AT 1300 HOURS. THE DEFENDANT WAS ALSO CHARGED WITH REFUSAL TO SUBMIT TO THE BREATH TEST WITH A $250.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 3123-XDQ WITH A MANDATORY COURT APPEARANCE OF 091309 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE . THE DEFENDANT WAS ALSO ISSUED A WARNING FOR FAILURE TO MAINTAIN A SINGLE LANE WARNING NUMBER 220903B BY DEPUTY HUGHES (0500). *NOT-EXEMPT* |
