| Probable cause affidavit: |
SUBMITTED BY: HOLTHOUSE, JONATHAN 0616 (AR11120061) THE DEFENDANT, MR CHRISTOPHER KING, 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); THE DEFENDANT did drive or was in the actual physical control of a vehicle at a time when HIS blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused PROPERTY DAMAGE to another person'S PROPERTY, to-wit: A 2002 ISUZU CAUSING DAMAGE TO THE LEFT REAR AXEL, FENDER, BUMPER AND TIRE, in violation of Florida Statute 316.193(3)(A)(B)(C)(1). ON 040111 AT APPROXIMATELY 2312 HOURS, I RESPONDED TO THE AREA OF 490 NORTH SUNCOAST BOULEVARD IN REFERENCE TO A TRAFFIC ACCIDENT. UPON MY ARRIVAL I MADE CONTACT WITH DEPUTY RUBY (562) WHO ADVISED THAT THE DEFENDANT WAS DRIVING HIS VEHICLE IN THE INSIDE SOUTHBOUND LANE ON NORTH SUNCOAST BOULEVARD AND DID STRIKE THE VICTIM'S 2002 ISUZU VEHICLE IN THE LEFT REAR AND THEN CONTINUED SOUTH UNTIL THE DEFENDANT'S VEHICLE CAME TO A REST IN THE OUTSIDE SOUTHBOUND LANE. I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM WHAT HAPPENED TO WHICH HE STATED HE DID NOT KNOW. I ASKED THE DEFENDANT IF HE REALIZED THAT HE HIT ANOTHER VEHICLE TO WHICH HE STATED HE THOUGHT HE HAD BEEN HIT. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM TO whicH HE MUMBLED INCOHERENTLY AND THEN STATED "I don'T KNOW". I THEN ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK THIS EVENING TO WHICH HE STATED "A COUPLE OF BEERS". WHILE SPEAKING WITH THE DEFENDANT HIS speech WAS HEAVILY SLURRED AND THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN 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. DURING THIS TASK THE DEFENDANT DID NOT FOLLOW THE TIP OF THE PEN WITH HIS EYES. THE DEFENDANT ATTEMPTED TO FOLLOW THE PEN, BUT CONTINUALLY FIXED HIS GAZE ON ME. THE DEFENDANT DID NOT COMPLETE THIS TASK AS INSTRUCTED. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF HIS NINE STEPS. THE DEFENDANT DID NOT COUNT OUT EACH STEP OUT LOUD AS INSTRUCTED. THE DEFENDANT LOST HIS BALANCE ON STEP NUMBER NINE. WHEN THE DEFENDANT TURNED AROUND TO TAKE NINE STEPS BACK HE HAD TO STOP AND REGAIN HIS BALANCE. THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF THE NINE STEPS BACK AND WAS VERY UNSTEADY ON HIS FEET. THIS TASK WAS COMPLETED ON A SMOOTH HARD SURFACE USING THE OUTSIDE FOG LINE AS THE LINE TO FOLLOW. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS FOOT OFF OF THE GROUND AND COUNTED TO THE NUMBER THREE AND REPEATED THE NUMBER THREE. THE DEFENDANT THEN COUNTED TO NUMBER FOUR AND NUMBER FIVE AND REPEATED THE NUMBER FIVE. THE DEFENDANT THEN PUT HIS FOOT DOWN AND WHEN I INSTRUCTED HIM TO, PICKED HIS FOOT BACK UP AND STARTED COUNTING FROM ONE AGAIN. THE DEFENDANT THEN PUT HIS FOOT BACK DOWN ON NUMBER THREE AND ATTEMPTED TO PICK HIS FOOT BACK UP AND START AGAIN. AT THIS TIME THE ALLOTTED 30 SECONDS FOR THE TASK WAS COMPLETED 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 (DUI). PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY TOWING THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY RUBY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .191 AND .186. THE DEFENDANT WAS CHARGED WITH DUI (SECOND OFFENSE) WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC) , NUMBER 7756XBL8, WITH A MANDATORY COURT APPEARANCE OF 042111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED DUI UTC, NUMBER 7101XGA9, FOR DUI WITH PROPERTY DAMAGE, WITH A COURT DATE OF 042111 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. THE DEFENDANT WAS ALSO ISSUED UTC, NUMBER 8290ROZX, FOR CARELESS DRIVING WITH A FINE OF $166.00 PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
