| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10114828) 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 051410 AT 2258 HOURS, I RESPONDED AS BACK UP TO DEPUTY JIM DAVIS, IN REFERENCE TO A TRAFFIC STOP AT NORTHEAST 10TH STREET AND NORTHEAST 3RD AVENUE. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY DAVIS WHO ADVISED THAT THE DEFENDANT WAS DRIVING HIS BLUE FORD SPORTS UTILITY VEHICLE (SUV) ON NORTHEAST 3RD AVENUE BACK AND FORTH DOING U-TURNS AND PEELING OUT. DEPUTY DAVIS ADVISED THAT HE STOPPED THE VEHICLE, AND WHEN HE MADE CONTACT WITH THE DRIVER/DEFENDANT, MR DAVID PENTO, THE DEFENDANT STATED "I'M INTOXICATED, I DON'T WANT TO GO TO JAIL". I THEN MADE CONTACT WITH THE DEFENDANT AND COULD IMMEDIATELY SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH WHEN HE WOULD TALK. WHEN THE DEFENDANT STEPPED OUT OF HIS VEHICLE AND STARTED WALKING IN MY DIRECTION, HE COULD NOT MAINTAIN HIS BALANCE AND HAD A HARD TIME WALKING. I ADVISED THE DEFENDANT THAT I WOULD BE CONDUCTING FIELD SOBRIETY TASKS DUE TO THE SIGNS OF INTOXICATION THAT I OBSERVED. 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, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHEN I INSTRUCTED THE DEFENDANT TO TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, HE DID TOUCH THE TIP OF HIS NOSE BUT HELD HIS FINGER THERE UNTIL INSTRUCTED TO PUT HIS HAND BACK OUT. I AGAIN EXPLAINED TO THE DEFENDANT THAT WHEN HE TOUCHED HIS NOSE TO IMMEDIATELY PUT HIS HANDS BACK OUT TO HIS SIDE, TO WHICH HE STATED HE UNDERSTOOD. I HAD THE DEFENDANT TAKE HIS LEFT FINGER AND TOUCH THE TIP OF HIS NOSE, TO WHICH WHEN HE DID AND LEFT HIS FINGER ON THE TIP OF HIS NOSE AND STARED AT ME UNTIL INSTRUCTED TO REMOVE HIS FINGER FROM HIS NOSE. AS I ASKED THE DEFENDANT TO TAKE HIS RIGHT FINGER AGAIN TO TOUCH THE TIP OF HIS NOSE, HE LEFT HIS HANDS DOWN TO HIS SIDE AND JUST STARED AHEAD WITHOUT CLOSING HIS EYES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHEN THE DEFENDANT RAISED HIS RIGHT FOOT HE HELD IT UP FOR APPROXIMATELY ONE SECOND AND I INSTRUCTED HIM TO COUNT OUT LOUD. AT THAT TIME HE STATED "FIVE" "ONE-THOUSAND" AND LOST HIS BALANCE AND FELL BACK TO HIS LEFT WHERE DEPUTY DAVIS THEN STEPPED IN AND HELPED HIM REGAIN HIS BALANCE. TASK FOUR, WALK AND TURN, WHEN I ATTEMPTED TO EXPLAIN THE TASK TO THE DEFENDANT, THE DEFENDANT JUST STARTED WALKING TOWARDS ME ON THE LINE THAT I HAD DRAWN WITH CHALK IN THE ROADWAY AND STATED "AWW MAN, THIS BE TRUTHFUL WITH ME MY DOG DIED AND I WENT TO THE BAR AND ONLY HAD A COUPLE DRINKS:" THE DEFENDANT THEN STATED "IF YOUR GONNA ARREST ME JUST ARREST ME". AT THAT TIME, THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND WAS PLACED IN TWO SETS OF HANDCUFFS BECAUSE ONE PAIR WOULD NOT REACH HIS OTHER WRIST. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS WIFE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 2329-XBG9 WITH A MANDATORY COURT APPEARANCE ON 060310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 3316-ESH5, FOR CARELESS DRIVING, AND A WARNING FOR NO REGISTRATION. *NOT-EXEMPT* |
