| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09109527) 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 061309 AT APPROXIMATELY 0310 HOURS, I RESPONDED TO HIGHWAY 19 AND 98, TO BACK UP DEPUTY RICCI ON A TRAFFIC STOP. UPON ARRIVAL, DEPUTY RICCI ADVISED THAT HE OBSERVED THE VEHICLE TURING OFF OF HIGHWAY 98 NORTHBOUND ONTO HIGHWAY 19, AT WHICH TIME THE VEHICLE DUE TO ITS HIGH SPEED DID A 360, AND THEN DROVE OFF OF THE ROAD AND BACK ONTO THE ROAD. DEPUTY RICCI THEN CONDUCTED THE TRAFFIC STOP ON THE VEHICLE. DEPUTY RICCI ADVISED THAT WHEN HE SPOKE TO THE DEFENDANT, THE DEFENDANT HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. WHEN DEPUTY RICCI ASKED IF THE DEFENDANT KNEW WHY HE WAS STOPPED, THE DEFENDANT DID NOT REPLY. THE DEFENDANT STATED THAT HE THOUGHT HE WAS IN THE AREA OF HIGHWAY 44 AND HIGHWAY 19. I THEN MADE CONTACT WITH THE DEFENDANT, AND ASKED HIM WHY HE HAD BEEN STOPPED, TO WHICH HE REPLIED HE DID NOT KNOW. I ADVISED HIM THAT HE HAD DONE A 360 IN THE ROADWAY, AND HE STATED "YEAH, I KNOW". I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE STATED "YEAH I HAD A FEW BEERS", BUT DID NOT STATE HOW MANY. I DID OBSERVE THE DEFENDANT TO HAVE EXTREMELY GLOSSY EYES, HIS SPEECH WAS SLURRED WHEN SPEAKING WITH ME, AND HE HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN HAD THE DEFENDANT STEP OUTSIDE OF HIS VEHICLE TO THE REAR OF HIS VEHICLE, AND ADVISED HIM THAT I WOULD BE CONDUCTING A FEW FIELD SOBRIETY TASKS TO DETERMINE WHETHER OR NOT HE HAD TOO MUCH TO DRINK TONIGHT. 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. WHEN THE DEFENDANT WAS TOLD TO TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, HE TOUCHED JUST ABOVE THE TIP OF HIS NOSE AND DID NOT REMOVE HIS FINGER. I THEN TOLD THE DEFENDANT THAT HE COULD TAKE THE FINGER OFF HIS NOSE, AND EXPLAINED TO HIM THAT WHEN INSTRUCTED TO TOUCH THE TIP OF HIS NOSE, TO TOUCH IT, AND REMOVE HIS FINGER. I ASKED THE DEFENDANT IF HE UNDERSTOOD THAT, AND HE REPLIED, YES. I THEN HAD THE DEFENDANT AGAIN TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH TIME HE DID. HOWEVER, THE DEFENDANT DID NOT REMOVE HIS FINGER UNTIL I TOLD HIM TO. I THEN HAD THE DEFENDANT TAKE HIS LEFT FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH TIME HE TOUCHED ABOVE THE TIP OF HIS NOSE AND LEFT HIS FINGER THERE UNTIL I INSTRUCTED HIM TO TAKE HIS FINGER OFF. I HAD THE DEFENDANT REPEAT THIS STEP AGAIN, AND HAD TO ADVISE HIM ONE MORE TIME TO REMOVE HIS FINGER FROM HIS NOSE. AFTER THE FIRST TASK WAS COMPLETED, I HAD THE DEFENDANT STEP TO THE ROADWAY WHERE IT WAS A FLAT EVEN SURFACE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK I HAD THE DEFENDANT RAISE HIS RIGHT FOOT, AT WHICH TIME HE BEGAN TO COUNT ONE ONE-THOUSAND, AND THEN LOST HIS BALANCE AND PUT HIS FOOT DOWN. THE DEFENDANT THEN PICKED HIS RIGHT FOOT BACK UP, AND IMMEDIATELY PUT IT BACK DOWN. THE DEFENDANT THEN PICKED HIS RIGHT FOOT UP AGAIN, AT WHICH TIME HE LOST HIS BALANCE AND FELL TO THE LEFT, AND I HAD TO CATCH HIM FROM FALLING AND LET HIM REGAIN HIS BALANCE. THE DEFENDANT ATTEMPTED TO PICK HIS RIGHT FOOT UP THREE MORE TIMES, BUT COULD NOT COMPLETE THE TASK. AT THIS POINT, WHILE STILL ON A FLAT EVEN SURFACE OF THE ROADWAY, WE DID THE NEXT TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK A FIRST STEP WITH HIS LEFT FOOT AND IMMEDIATELY STARTED TO FALL TO THE LEFT. HE THEN REGAINED HIS BALANCE AND TOOK ANOTHER STEP AND LOST HIS BALANCE, AT WHICH POINT I WALKED UP AND STEADIED HIM. THE DEFENDANT ATTEMPTED TO TAKE SIX MORE STEPS, AND DID NOT WALK THE STRAIGHT LINE, AND KEPT LOOSING HIS BALANCE. AS THE DEFENDANT TURNED TO WALK BACK, HE LOST HIS BALANCE AGAIN AND DID NOT TOUCH HIS HEEL TO HIS TOE ON THE REST OF THE TASK. TASK FOUR, ROMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE COMPLETING THE ALPHABET FROM "A" TO "Z", THE DEFENDANT SLURRED HIS LETTERS, AND WHEN HE GOT TO THE LETTER "N", HE HESITATED AND THEN COMPLETED THE REST OF THE ALPHABET. TASK FIVE, 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. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY RICCI TO BE TOWED BY DAVE'S AUTO BODY. 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/HER BREATH WITH THE TEST RESULTS BEING .140 AND .139 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 9862-XCO WITH A MANDATORY COURT APPEARANCE, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATIONS BY DEPUTY RICCI, NUMBERS 9831-ESG FOR, CARELESS DRIVING, AND 9832-ESG FOR, FAIL TO DISPLAY REGISTRATION. *NOT-EXEMPT* |
