| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10115853) 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. ON 071610, AT APPROXIMATELY 0040 HOURS, DEPUTY RUBY AND I OBSERVED A DARK COLORED VEHICLE PULL TO THE STOP SIGN AT ALABAMA AND WEST GROVER CLEVELAND BOULEVARD. THE VEHICLE TURNED EASTBOUND ON WEST GROVER CLEVELAND BOULEVARD, AT WHICH TIME I OBSERVED THE VEHICLE TO HAVE NO REAR LIGHTS. DEPUTY RUBY THEN ATTEMPTED TO CATCH UP TO THE VEHICLE AND OBSERVED THE VEHICLE TURN NORTHBOUND ONTO CEDAR LANE. DEPUTY RUBY OBSERVED THE VEHICLE TO BE SWERVING ALL OVER THE ROADWAY, AT WHICH TIME HE CONDUCTED A TRAFFIC STOP ON THE VEHICLE. AT THIS TIME, I DID PULL UP BEHIND DEPUTY RUBY AND WE BOTH MADE CONTACT WITH THE DEFENDANT WHO WAS THE DRIVER OF THE VEHICLE. THE DEFENDANT IMMEDIATELY STATED THAT HE WAS DRUNK AND THAT HE WAS GOING TO JAIL. THE DEFENDANT DID HAVE AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE SITTING IN THE MIDDLE CONSOLE UNDERNEATH HIS SWEATSHIRT. WHEN I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, HE HAD A HARD TIME LOCATING IT AND KEPT STATING THAT HE WAS DRUNK. WHILE THE DEFENDANT WAS SPEAKING, THERE WAS AN ALCOHOLIC BEVERAGE (ODOR) EMITTING FROM HIS BREATH. AT THIS TIME, I HAD THE DEFENDANT STEP OUT OF HIS VEHICLE SO THAT HE COULD PERFORM FIELD SOBRIETY TASKS. 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. WHILE THE DEFENDANT WAS PERFORMING THE TASK, HE KEPT SWAYING BACK AND FORTH AND CONTINUOUSLY PULLED HIS EYES BACK TO ME INSTEAD OF FOLLOWING THE PEN. 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 WHILE TAKING HIS FIRST NINE STEPS. THE DEFENDANT ALSO USED HIS ARMS TO MAINTAIN HIS BALANCE. WHEN THE DEFENDANT ATTEMPTED TO TURN AROUND, HE DID LOSE HIS BALANCE AND HAD TO STOP AND START WALKING BACK. THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF THE NINE STEPS BACK. THE DEFENDANT LOST HIS BALANCE ON STEP NUMBER THREE, AND WHEN TAKING STEP NUMBER EIGHT HE STATED "I'M DONE, I TOOK EIGHT AND A HALF STEPS". TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATEDLY PUT HIS FOOT DOWN ON THE GROUND. WHEN I INSTRUCTED THE DEFENDANT TO KEEP GOING UNTIL I TOLD HIM TO STOP, HE STATED "I THOUGHT YOU TOLD ME TO ONLY COUNT TO NINE". THE DEFENDANT AGAIN PLACED HIS FOOT DOWN TO REGAIN HIS BALANCE TWO MORE TIMES, FOR A TOTAL OF THREE TIMES DURING THE 30 SECOND TIMED EXERCISE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON THE SIDE OF THE ROADWAY PER THE OWNER'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .173 AND .163 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, NUMBER 2336-XBG8 WITH A MANDATORY COURT APPEARANCE OF 072910 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8789-FRY FOR OPEN CONTAINER WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED A WARNING, NUMBER 297769B FOR INOPERABLE TAILLIGHTS. THE DEFENDANT HAD A BLACK BAG CONTAINING $5,070.00, WHICH HE WANTED TAKEN WITH HIM DUE TO THE FACT THAT HE DOES NOT TRUST BANKS. THE BLACK BAG WAS TURNED OVER TO THE DETENTION FACILITY. *NOT-EXEMPT* |
