| Probable cause affidavit: |
SUBMITTED BY: HOLTHOUSE, JONATHAN 0616 (AR10116532) 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). ON 082710 AT APPROXIMATELY 0245 HOURS, I RESPONDED AS BACK-UP FOR "K-9" DEPUTY ANSTEAD AT WEST GULF TO LAKE HIGHWAY AND NORTH PENNSYLVANIA AVENUE IN CRYSTAL RIVER. UPON MY ARRIVAL, "K-9" DEPUTY ANSTEAD STATED THAT SHE OBSERVED A GREY ISUZU RODEO HEADED EAST ON WEST GULF TO LAKE HIGHWAY FOLLOWING another VEHICLE EXTREMELY CLOSELY. "K-9" DEPUTY ANSTEAD STATED SHE THEN FOLLOWED BOTH VEHICLES AND OBSERVED THE ISUZU TO BE SWITCHING LANES EVERY TIME THE OTHER VEHICLE DID AND WAS SPEEDING UP AND SLOWING DOWN. AT WHICH TIME, SHE ACTIVATED HER EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP AT THE AFOREMENTIONED LOCATION. DEPUTY ANSTEAD STATED THAT SHE MADE CONTACT WITH THE DEFENDANT, MR DAVID MALMSTROM, DRIVING THE GREY ISUZU AND ADVISED HIM OF WHY SHE HAD STOPPED HIM, TO WHICH HE REPLIED, HE WAS FOLLOWING HIS GIRLFRIEND. "K-9" DEPUTY ANSTEAD ADVISED THAT SHE COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH . SHE HAD ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TONIGHT AND THE DEFENDANT STATED TWO BEERS. "K-9" DEPUTY ANSTEAD ASKED HIM WHERE HE WAS COMING FROM, THE DEFENDANT STATED "STIXX" WHICH IS A BAR. I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM HOW MUCH HE HAD TO DRINK TONIGHT, WHICH HE STATED THREE BEERS. I THEN ASKED THE DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY TESTS TO WHICH HE STATED YES. I THEN HAD THE DEFENDANT STEP OUT OF HIS VEHICLE AND IN TO AN ADJACENT PARKING LOT. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WHEN INSTRUCTED TO PUT HIS RIGHT IN FRONT OF HIS LEFT FOOT AND TOUCH HEEL TO TOE AND KEEP HIS HANDS DOWN TO HIS SIDE AND STAY IN THAT POSITION UNTIL I GOT DONE EXPLAINING THE TASK; THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE AND HAD TO PUT HIS ARMS OUT TO HIS SIDE TO MAINTAIN HIS BALANCE. AT THIS POINT, THE DEFENDANT STATED TO GO AHEAD AND TAKE HIM; BECAUSE, HE WAS SWAYING AND COULD NOT KEEP HIS BALANCE. THE DEFENDANT THEN STARTED TO TAKE NINE STEPS, WHILE TAKING THOSE STEPS HE KEPT HIS ARMS OUT TO HIS SIDE AT SHOULDER HEIGHT TO MAINTAIN HIS BALANCE. THE DEFENDANT DID NOT COUNT HIS STEPS OUT LOUD AND TOOK 14 STEPS, AT WHICH POINT, I TOLD THE DEFENDANT TO STOP AND TURN AROUND AND TAKE NINE STEPS BACK. THE DEFENDANT TOOK TEN STEPS BACK, DID NOT COUNT THEM OUT LOUD AND AGAIN USED HIS ARMS TO BALANCE HIMSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS RIGHT FOOT APPROXIMATELY ONE FOOT OFF THE GROUND AND CONTINUOUSLY PUT HIS FOOT DOWN TO BALANCE HIMSELF AND DID NOT FINISH THE TASK AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY ANSTEAD TO BE TOWED BY ADAM'S TOWING. 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 BREATH WITH THE TEST RESULTS BEING .167 AND .175. 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 3190XDQ9 WITH A MANDATORY COURT APPEARANCE OF 091610 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2418GJXX, FOR FOLLOWING TO CLOSELY BY "K-9" DEPUTY ANSTEAD WITH A $166.00 FINE, PAYABLE IN 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* |
