| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11119582) 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 030211 AT APPROXIMATELY 0023 HOURS, WHILE TRAVELING SOUTHBOUND ON HIGHWAY 19, I OBSERVED A BLUE IN COLOR JEEP IN THE OUTSIDE SOUTHBOUND LANE STOP ACROSS THE STOP BAR AT THE RED LIGHT AT TURKEY OAK AND HIGHWAY 19. AS I PULLED UP BEHIND THE VEHICLE, THE LIGHT TURNED GREEN AND THE VEHICLE THEN PULLED FORWARD AND VEERED OFF TO THE RIGHT SIDE OF THE ROAD INTO THE WEST SHOULDER. AT THAT TIME, I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MS CONNIE CORNEJO, AND ASKED HER FOR HER DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE. WHILE THE DEFENDANT WAS ATTEMPTING TO LOCATE THOSE ITEMS, I ADVISED HER OF WHY I STOPPED HER AND ASKED HER IF SHE HAD HAD ANYTHING TO DRINK TONIGHT. THE DEFENDANT STATED THAT SHE HAD JUST LEFT THE OAR HOUSE, WHICH IS A BAR LOCATED JUST NORTH OF TURKEY OAK DRIVE ON HIGHWAY 19. I ASKED THE DEFENDANT IF SHE DRANK ANYTHING, TO WHICH SHE STATED YES SHE DID. WHILE SPEAKING WITH THE DEFENDANT, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I THEN RESPONDED BACK TO MY PATROL VEHICLE AND RAN A RECORDS CHECK ON THE DEFENDANT'S DRIVER'S LICENSE. I WENT BACK UP TO THE VEHICLE AND AGAIN MADE CONTACT WITH THE DEFENDANT. WHEN I ARRIVED AT THE DRIVER'S SIDE DOOR, THE DEFENDANT WAS SMOKING A CIGARETTE AND TALKING ON THE TELEPHONE. I ASKED THE DEFENDANT IF SHE COULD STEP OUTSIDE OF HER VEHICLE AND PERFORM FIELD SOBRIETY TASKS, TO WHICH SHE STATED OKAY, AND CONTINUED TO TALK ON THE CELLULAR TELEPHONE. I ASKED THE DEFENDANT IF SHE COULD HANG UP HER TELEPHONE, TO WHICH SHE STATED "I'M CALLING MY UNCLE TO COME PICK ME UP". I THEN HAD THE DEFENDANT STEP TO THE REAR DRIVER'S SIDE OF HER VEHICLE. 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 HAD SURGERY ON HER LEFT ANKLE WHEN SHE WAS A CHILD AND THAT IT MADE HER WALK WOBBLY. I THEN ASKED THE DEFENDANT IF SHE HAD ANY PROBLEMS WITH HER EYES OR HEAD INJURIES, TO WHICH SHE STATED THAT SHE WEARS CONTACTS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. 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 HAD A HARD TIME MAINTAINING HER BALANCE AND WHEN TAKING HER FIRST NINE STEPS, DID NOT TOUCH HEEL TO TOE AND WAIVERED FROM RIGHT TO LEFT. WHEN SHE ARRIVED ON STEP NINE, SHE SPUN AROUND AND HAD TO REGAIN HER BALANCE BEFORE TAKING NINE STEPS BACK. WHEN TAKING THE NINE STEPS BACK, THE DEFENDANT LOST HER BALANCE ON STEP FOUR, LEANING TO THE RIGHT AND THEN THE LEFT, AND RAISED HER ARMS HORIZONTALLY TO REGAIN HER BALANCE AND THEN TOOK FIVE MORE STEPS, NOT TOUCHING HEEL TO TOE, AND MAINTAINING AN APPROXIMATE 12 INCHES APART FROM EACH STEP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOOD ON HER RIGHT FOOT AND LIFTED HER LEFT FOOT APPROXIMATELY A FOOT OFF THE GROUND, POINTING HER TOE IN AN UPWARD POSITION INSTEAD OF OUT. THE DEFENDANT COUNTED TO NUMBER 13 AND GOT CONFUSED AS TO WHAT NUMBER COMES NEXT. SHE THEN STARTED BACK AT 14 AND CONTINUED TO THE NUMBER 26, AT WHICH POINT, THE 30 SECONDS ALLOTTED FOR THE TASK WAS COMPLETED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS PARKED IN THE MALL PARKING LOT. WHEN WALKING THE DEFENDANT BACK TO MY PATROL VEHICLE, I ASKED THE DEFENDANT AGAIN HOW MUCH SHE HAD TO DRINK, TO WHICH SHE STATED "WELL ENOUGH I AM INTOXICATED". SHE THEN STATED "IF I GET A RIDE CAN YOU LET ME GO", TO WHICH I ADVISED HER NO I COULD NOT. 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 .149 AND .144. 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 7752-XBL4 WITH A MANDATORY COURT APPEARANCE ON 031711, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9669-RYU6, FOR FAIL TO DRIVE IN SINGLE LANE WITH A FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO ISSUED A WARNING NUMBER 99029210 FOR FAILURE TO OBEY TRAFFIC CONTROL SIGNAL. "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* |
