| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR2012-208) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. 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: CHAIN LINK FENCE FOR THE APPROXIMATE DAMAGE OF $1,000.00 IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062 DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E) ON 030412, I RESPONDED TO A VEHICLE ACCIDENT IN THE AREA OF WEST GULF TO LAKE HIGHWAY JUST WEST ON NORTH HEART PATH. UPON MY ARRIVAL I DID OBSERVE A DARK BLUE CHEVY CAMARO BEARING FLORIDA LICENSE PLATE S776BU ON THE SOUTH SIDE OF THE ROAD IN THE DITCH AGAINST THE CHAIN LINK FENCE. I MADE CONTACT WITH WITNESSES ON SCENE. WITNESS ONE, JODEE ADELUNG, ADVISED THAT HER AND HER HUSBAND WERE HEADED E ON WEST GULF TO LAKE HIGHWAY WHEN THEY OBSERVED THE BLACK CAMARO HEADED WEST BOUND LOOSE CONTROL AND BEGIN TO SPIN. WITNESS ONE ADVISED THE CAMARO JUMPED THE CURB HEADED INTO THE DITCH AND HIT THE CHAIN LINK FENCE. WITNESS ONE ADVISED SHE GOT OUT OF HER VEHICLE AND WENT TO THE CAMARO WHERE THERE WAS A PASSENGER, TY, WEARING A BLUE BANDANA AND THE DEFENDANT, MR DAVID BROTNITSKY, WHO WAS IN THE DRIVERâS SEAT. WITNESS ONE HELPED BOTH THE DEFENDANT AND THE PASSENGER OUT OF THE VEHICLE. THE PASSENGER THEN STATED âWE ARE IN TROUBLE MADAM WE NEED TO GET OUT OF HEREâ WITNESS ONE ADVISED THAT THE PASSENGER THEN STATED WE DO NOT NEED TO CALL THE POLICE, BUT WITNESS ONE TOLD HIM THAT 911 HAD ALREADY BEEN CALLED. THE DEFENDANT THEN STATED âIâM IN TROUBLE I DONâT WANT TO GO TO JAIL TONIGHT.â WITNESS ONE TOLD THEM IT WOULD BE WORSE TO LEAVE THE SCENE OF AN ACCIDENT, BUT BOTH THE DEFENDANT AND THE PASSENGER LEFT THE SCENE HEADING EAST ON WEST GULF TO LAKE HIGHWAY. DEPUTY PATTERSON THEN ADVISED OVER THE RADIO THAT HE WAS OUT WITH BOTH SUBJECTS AT THE GAS STATION AT THE CORNER OF CREED AND WEST GULF TO LAKE HIGHWAY. I THEN RESPONDED TO DEPUTY PATTERSONâS LOCATION AND MADE CONTACT WITH THE DEFENDANT. I ASKED THE DEFENDANT WHAT HAD HAPPENED TO WHICH HE STATED HE WAS TRAVELING WEST ON WEST GULF TO LAKE HIGHWAY WHEN A VEHICLE CUT HIM OFF AND HE SPUN OUT. I COULD IMMEDIATELY DETECT THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, AS WELL AS HIS EYES WERE BLOODSHOT AND WATERY. I HAD THE DEFENDANT WALK OVER TO MY VEHICLE, AT WHICH TIME I ADVISED HIM THAT I WOULD BE GOING FROM AN ACCIDENT INVESTIGATION TO A DRIVING WHILE UNDER THE INFLUENCE (DUI) INVESTIGATION TO WHICH HE UNDERSTOOD. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/HER 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/HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, ON HIS FIRST NINE STEPS, TOOK FOURTEEN STEPS AT WHICH POINT I TOLD HIM TO STOP AND TAKE NINE STEPS BACK, TO WHICH HE THEN TOOK ELEVEN STEPS. THE DEFENDANT DID NOT COUNT ANY OF HIS STEPS OUT LOUD AND DID NOT FOLLOW MY INSTRUCTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HIS FOOT OF THE GROUND AND COUNTED VERY FAST TO THE NUMBER ELEVEN AND THEN PLACED HIS FOOT BACK DOWN AND THEN ATTEMPTED TO START COUNTING AGAIN BUT COULD NOT. THE DEFENDANT DID NOT POINT HIS TOE OUTWARD AS INSTRUCTED, AND DID NOT COMPLETE THE TASK. 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, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMâS TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THIS WAS THE DEFENDANTâS SECOND REFUSAL TO SUBMIT. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A BOND OF $1,000.00, DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A BOND OF $500.00, LEAVING THE SCENE OF AN ACCIDENT WITH A BOND OF $250.00, AND REFUSAL TO SUBMIT TO TESTING WITH A BOND OF $500.00 FOR A TOTAL BOND OF $2,250.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7767XBLX AND 7768XBL1 WITH A MANDATORY COURT APPEARANCE OF 032212 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED CRIMINAL TRAFFIC CITATION, NUMBER 6782WLQX, FOR LEAVING THE SCENE OF AN ACCIDENT, AND 6783WLQX FOR REFUSAL TO SUBMIT WITH A MANDATORY COURT DATE OF 032212 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION NUMBER 6781WLQ9 FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. FLORIDA ACCIDENT FORM WAS FILLED OUT REFER TO DHSMV NUMBER 81884831. |
