| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-4359) 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; ON 020313 AT APPROXIMATELY 0253 HOURS, WHILE CONDUCTING A TRAFFIC STOP ON ANOTHER CASE; REFERENCE CASE 2013-15479, THE DRIVER OF THAT VEHICLE ADVISED THAT HER FRIEND, LATER IDENTIFIED AS THE DEFENDANT, MS CINDY NOEL TALLMAN, HAD BEEN DRINKING, AND WAS DRIVING A SILVER IN COLOR TOYOTA CAMRY, HEADING NORTH IN CRYSTAL RIVER. I THEN ISSUED A BOLO TO OTHER UNITS, IN REFERENCE TO THIS VEHICLE. SERGEANT CONLEY GOT BEHIND THE DEFENDANTâS VEHICLE WHILE AT THE INTERSECTION OF NE US HIGHWAY 19 AND NORTH CITRUS AVENUE. SERGEANT CONLEY ADVISED THAT THE DEFENDANTâS VEHICLE CONTINUOUSLY CROSSED OVER THE YELLOW LINE AND BACK, AND WENT TO SPEEDS IN EXCESS OF 70 MILES PER HOUR (MPH) IN 45MPH AND 55 MPH ZONES. SERGEANT CONLEY ADVISED THAT THE DEFENDANT VERY NEARLY LOST CONTROL OF HER VEHICLE AT ONE POINT, WHICH WAS WHEN HE CONDUCTED HIS TRAFFIC STOP AT THE INTERSECTION ON NORTH CITRUS AVENUE AND WEST WISCONSIN COURT. I THEN RESPONDED TO SERGEANT CONLEYâS LOCATION, MAKING CONTACT WITH THE DEFENDANT. I ASKED HER WHY SHE HAD BEEN STOPPED, TO WHICH SHE ADVISED THAT SHE HAD BEEN DRIVING VERY FAST, WHICH WAS WHY SHE BELIEVED THAT SHE HAD BEEN STOPPED. I COULD IMMEDIATELY DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS BREATH. SHE ADVISED THAT SHE WAS NERVOUS, AND THEN STATED THAT SHE WAS, âGOING TO CRAP MY PANTS.â I THEN ASKED THE DEFENDANT TO STEP OUT OF HER VEHICLE, TO PERFORM SOBRIETY TESTING. THE DEFENDANT ADVISED THAT SHE WOULD DO SO . I THEN ASKED THE DEFENDANT TO STEP TO THE REAR OF HER VEHICLE, ON TO THE EAST SIDE OF THE ROADWAY. AT THAT TIME, 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 THAT SHE DID NOT. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT HER RIGHT FOOT ON THE GROUND, AND ATTEMPTED TO COUNT TO THIRTY, CONTINUOUSLY SLURRING HER SPEECH AND RUNNING HER NUMBERS TOGETHER. EVEN WITH BOTH OF THE DEFENDANTâS FEET ON THE GROUND, SHE HAD A HARD TIME MAINTAINING HER BALANCE, CONTINUOUSLY STATING THAT SHE COULD NOT DO IT. THE DEFENDANT DID NOT COMPLETE THIS TASK AS INSTRUCTED. TASK THREE, WALK AND TURNED. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, WHILE TAKING HER FIRST NINE STEPS, DID NOT TOUCH HEEL TO TOE ON STEPS FIVE THROUGH NINE. SHE LOST HER BALANCE ON STEP NUMBER FIVE, AND TOOK A TENTH STEP. WHILE TAKING NINE STEPS BACK, THE DEFENDANT LOST HER BALANCE ON HER THIRD STEP, AND ALSO ON HER SIXTH STEP. THE DEFENDANT DID NOT COUNT HER STEPS OUT LOUD, NOR TOUCH HEEL TO TOE ON ANY STEPS. THE DEFENDANT DID NOT COMPLETE THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY NORTON TO BE TOWED BY KNIGHTLY TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH, WITH THE TEST RESULTS BEING .179 AND .179. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, WITH A $500.00 BOND SET, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7204XGA4, WITH A MANDATORY COURT APPEARANCE ON 02211,3 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 6836WQB4, FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
