| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10116015) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 072410 AT APPROXIMATELY 1140 HOURS WHILE ON WEST PONCE DE LEON BOULEVARD, I OBSERVED A BLACK HYUNDAI TRAVELLING EASTBOUND IN THE OUTSIDE LANE APPROACHING SOUTH SUNCOAST BOULEVARD. THE VEHICLE WAS WEAVING IN AND OUT OF ITS LANE AND WHEN IT CAME TO THE RED LIGHT AT SOUTH SUNCOAST BOULEVARD THE VEHICLE STOPPED approximately seven CAR LENGTHS FROM THE INTERSECTION HALF WAY IN THE LEFT TURN LANE AND HALF WAY IN THE STRAIGHT LANE. THE DRIVER OF THE VEHICLE WAS PARTIALLY SLUMPED OVER TO THE SIDE AND WHEN THE LIGHT TURNED GREEN THE VEHICLE DID NOT MOVE FOR APPROXIMATELY TWENTY SECONDS. THE VEHICLE THEN PROCEEDED AT APPROXIMATELY FIVE MILES PER HOUR THROUGH THE INTERSECTION ONTO MISS MAGGIE DRIVE. AT THAT TIME, I ACTIVATED MY EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP. I THEN MADE CONTACT WITH THE DRIVER, WHO IS ALSO THE DEFENDANT, AND ADVISED HER OF WHY I STOPPED HER. AT THAT TIME, I NOTICED SHE HAD URINATED ON HERSELF, AS WELL AS SHE HAD FOOD SMEARED ALL OVER HER FACE, SHIRT AND STEERING WHEEL. I ASKED THE DEFENDANT FOR HER DRIVER'S LICENSE, TO WHICH SHE STARTED STATING THAT SHE WAS TRYING TO EAT AND THAT WAS WHY SHE HAD CHOCOLATE ALL OVER HER. THE DEFENDANT'S SPEECH WAS VERY SLOW AND HEAVILY SLURRED SO I ASKED IF SHE HAD BEEN DRINKING TODAY, TO WHICH SHE STATED NO, SHE HAD JUST TAKEN HER MEDICATIONS. I ASKED HER WHAT TYPE OF MEDICATIONS SHE TOOK, TO WHICH SHE STATED HYDROCODONE, OXYCODONE AND SOMA. I ASKED HER HOW LONG AGO SHE HAD TAKEN HER MEDICATIONS, TO WHICH SHE ADVISED ABOUT SIX HOURS AGO. I ASKED THE DEFENDANT IF SHE KNEW WHERE SHE WAS, TO WHICH SHE STATED ON 480 HEADING HOME. THE DEFENDANT'S ADDRESS IS IN SILVER SPRINGS, WHICH IS NOWHERE NEAR OUR PRESENT LOCATION. I HAD THE DEFENDANT STEP OUT OF THE VEHICLE TO CONDUCT FIELD SOBRIETY TESTS, TO WHICH SHE STATED OKAY. THE DEFENDANT DID NOT HAVE SHOES ON AND SHE STATED SHE DID NOT WANT TO WEAR THEM BECAUSE HER FEET WERE SWOLLEN. I THEN HAD THE DEFENDANT STEP BACK TO A GRASSY AREA DUE TO THE SURFACE WE WERE ON WAS GRAVEL. 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 SHE HAD MULTIPLE PROBLEMS BUT THEY WOULD NOT PREVENT HER FROM DOING THE TASKS. 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, 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. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. WHILE COMPLETING THE TASK, THE DEFENDANT DID NOT TOUCH HEEL-TO-TOE ON ANY OF THE STEPS AND SHE DID NOT COUNT OUT LOUD AS INSTRUCTED. WHEN THE DEFENDANT TOOK HER NINTH STEP AND WENT TO TURN AROUND SHE LOST HER BALANCE AND HAD TO STOP TO REGAIN HER BALANCE AND ASKED IF SHE HAD TO TAKE NINE MORE STEPS. ON THE NINTH STEP BACK THE DEFENDANT AGAIN DID NOT TOUCH HEEL-TO-TOE AND USED HER ARMS FOR BALANCE. TASK THREE, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. I FIRST HAD THE DEFENDANT TAKE HER RIGHT FINGER AND TOUCH THE TIP OF HER NOSE, TO WHICH SHE TOUCHED HER UPPER LIP AND BOTTOM AREA OF NOSE. I THEN HAD THE DEFENDANT TAKE HER LEFT FINGER AND TOUCH THE TIP OF HER NOSE ,TO WHICH SHE DID AS INSTRUCTED. I THEN ASKED THE DEFENDANT TO TAKE HER LEFT FINGER AND TOUCH THE TIP OF HER NOSE AGAIN, TO WHICH SHE TOOK HER RIGHT FINGER AND TOUCHED THE TIP OF HER NOSE. I THEN HAD THE DEFENDANT TAKE HER RIGHT FINGER AND TOUCH THE TIP OF HER NOSE, TO WHICH SHE TOOK HER LEFT FINGER AND TOUCHED THE BOTTOM PART OF HER NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS PLACED IN HANDCUFFS AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY SETTLES TO BE TOWED BY ADVANCED TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER 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, CITATION NUMBER 2337-XBG9 WITH A MANDATORY COURT APPEARANCE ON 081210 AT THE CITRUS COUNTY COURTHOUSE. IT SHOULD BE NOTED, WHILE EN ROUTE TO THE JAIL THE DEFENDANT STATED THAT IT WAS NOT FAIR BECAUSE SHE TAKES HER PRESCRIPTION MEDICATIONS AS PRESCRIBED SO WHY CAN'T SHE DRIVE. *NOT-EXEMPT* |
