| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-7302) 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). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE GUARDRAIL OF THE HIGHWAY, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON091513 I RESPONDED TO NORTH SUNCOAST BOULEVARD AND WEST RIVER ROAD, INGLIS, IN REFERENCE TO A TRAFFIC ACCIDENT. UPON MY ARRIVAL, I OBSERVED A TAN FORD EXPEDITION ON THE NORTH SIDE OF THE BRIDGE IN THE MEDIAN, HEAVILY DAMAGED AND A BOAT IN THE NORTHBOUND LANE ON THE EAST SIDE OF THE ROADWAY. I MADE CONTACT WITH INGLIS POLICE DEPARTMENT OFFICER CARTWRIGHT, WHO ADVISED ME THAT MY FOUR WITNESSES TOLD HIM THAT THE DEFENDANT WAS DRIVING THE TAN EXPEDITION NORTHBOUND ON NORTH SUNCOAST BOULEVARD AND WAS WEAVING ALL OVER THE ROADWAY. THEY ADVISED THAT AS THE VEHICLE PASSED WEST RIVER ROAD, HE LOST CONTROL STRIKING THE GUARDRAIL ON THE EAST SIDE OF THE ROADWAY. HIS VEHICLE SPUN AROUND, AT WHICH TIME, THE BOAT THAT WAS ON THE TRAILER CAME OFF AND THE EXPEDITION TRAVELLED OVER THE BRIDGE STRIKING THE GUARDRAIL IN THE MEDIAN. I ALSO MADE CONTACT WITH THE WITNESSES, WHO ADVISED ME THE SAME AS OFFICER CARTWRIGHT HAD. THEY ALSO ADVISED THAT THAT THEY HAD ATTEMPTED TO PULL UP NEXT TO THE DEFENDANTâS VEHICLE WHILE HE WAS TRAVELLING, TO SEE IF THEY COULD GET HIM TO STOP, BUT HE WAS WEAVING SO BADLY OVER THE ROAD THAT THEY WERE AFRAID HE WAS GOING TO CRASH INTO THEM. I THEN MADE CONTACT WITH LEVY COUNTY EMERGENCY MEDICAL SERVICES (EMS) WHO ADVISED THAT THEY HAD ONE PATIENT (VICTIM TWO), IN THE BACK OF THE AMBULANCE. THEY STATED THAT THEY HAD ISSUED A TRAUMA ALERT FOR HIM AND WERE TRANSPORTING HIM TO OCALA REGIONAL HOSPITAL. THEY ADVISED THAT THE DEFENDANT HAD REFUSED EMS AND MEDICAL CARE AND THAT HE WAS WEARING A WHITE SHIRT AND WAS STANDING BY HIS VEHICLE. I MADE CONTACT WITH THE DEFENDANT, MR CHRISTOPHER COLT FAZIO, WHERE I ADVISED HIM WHO I WAS AND THAT I WAS INVESTIGATING THE TRAFFIC ACCIDENT. I ASKED THE DEFENDANT WHAT HAD OCCURRED, TO WHICH HE ADVISED THAT HE WAS TRAVELLING NORTHBOUND ON NORTH SUNCOAST BOULEVARD AND THAT A VEHICLE TURNED OFF OF WEST RIVER ROAD IN FRONT OF HIM, CAUSING HIM TO LOOSE CONTROL OF HIS VEHICLE. THE DEFENDANT ADVISED THAT HE THEN HIT THE GUARDRAIL AND CRASHED. WHILE SPEAKING WITH THE DEFENDANT HIS EYES WERE BLOODSHOT AND THERE WAS A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND HIS SPEECH WAS SLURRED. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TODAY, TO WHICH HE STATED âWELL YEAH I WAS ON THE BOATâ, HE THEN ASKED ME âDONâT YOU DRINK WHEN YOUâRE ON THE BOATâ. THE DEFENDANT THEN STATED THAT HE HAS HAD A âCOLDâ AND THAT WAS WHY I âSMELLED ALCOHOLâ ON HIS BREATH. I ADVISED THE DEFENDANT THAT I WOULD BE SWITCHING FROM AN ACCIDENT INVESTIGATION TO A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. 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 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. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO COMPLETE THIS TASK, BUT DID NOT TOUCH HEEL TO TOE ON ANY OF HIS STEPS AND IN STEAD OF TAKING NINE STEPS HE KEPT WALKING COUNTING TEN AND ELEVEN. I TOLD THE DEFENDANT TO STOP AND THAT HE WAS SUPPOSE TO TURN AROUND ON STEP NUMBER NINE AND TAKE NINE STEPS BACK. AT THIS POINT, THE DEFENDANT BECAME AGITATED AND STARTED STATING THAT THE ACCIDENT WAS NOT HIS âFAULTâ AND HE DID NOT UNDERSTAND WHY HE IS âDOING THISâ. I AGAIN EXPLAINED TO THE DEFENDANT THAT HE WAS IN AN ACCIDENT THAT SOMEONE WAS INJURED AND THERE WAS PROPERTY DAMAGE. THE DEFENDANT CONTINUED TO ARGUE WITH ME. I ASKED THE DEFENDANT IF HE WAS GOING TO COMPLETE THE TASKS, TO WHICH HE REFUSED TO ANSWER AND CONTINUED TO ARGUE THAT THE ACCIDENT WAS NOT HIS FAULT. THE DEFENDANTâS WIFE CAME OVER AND TRIED TO EXPLAIN TO HIM WHAT WAS GOING ON, BUT HE CONTINUED TO ARGUE WITH HER AND I. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DUI. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE. PRIOR TO MY LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY TOWING. IT SHOULD BE NOTED THAT THERE WERE NUMEROUS BUDWEISER EMPTY BEER CANS in the BOAT AND THERE WAS AN EMPTY 18 PACK OF BUDWEISER AS WELL AS AN EMPTY 12 PACK OF BUDWEISER IN THE BOAT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY STOKES. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY , THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH, WITH THE TEST RESULTS BEING .171 AND .162 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE AND WITH DRIVING UNDER THE INFLUENCE WITH DAMAGES WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7291-XGA-8, WITH A MANDATORY COURT APPEARANCE ON 101013 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A FLORIDA DUI WITH DAMAGES UNIFORM TRAFFIC CITATION, CITATION NUMBER 7292-XGA-9, WITH A MANDATORY COURT APPEARANCE ON 101013 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 7548-WQB, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
