| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09107711) 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 021709, AT APPROXIMATELY 0345 HOURS, SERGEANT TOMPKINS AND THIS DEPUTY OBSERVED THE DEFENDANT TO BE PASSED OUT IN THE FRONT SEAT OF HER 1994 FORD EXPLORER WITH THE ENGINE STILL RUNNING IN THE MIDDLE OF THE DRIVEWAY OF THE CIRCLE K GAS STATION. THE DEFENDANT HAD BETWEEN HER LEGS AN OPEN MICHELOB ULTRA BEER CAN. I THEN OPENED THE DEFENDANT'S DRIVER'S SIDE DOOR, AT WHICH TIME THE DEFENDANT WOKE UP AND BEGAN MUMBLING THAT WE WERE GOING TO CALL HER FATHER. I THEN HAD THE DEFENDANT STEP OUT OF THE VEHICLE, AT WHICH TIME SHE KNOCKED OVER THE SAID BEER CAN, RESULTING IN THE CONTENTS OF THE CAN SPILLING ON THE GROUND. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING, TO WHICH SHE REPLIED "YES". I THEN ASKED THE DEFENDANT TO STEP BEHIND HER VEHICLE AND I ADVISED HER THAT I BELIEVED HER TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE AND FURTHER ADVISED HER THAT I WOULD BE PERFORMING A FEW FIELD SOBRIETY TESTS, TO WHICH SHE ADVISED "OK". 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 "I HAVE HAD A COLD SORE ON MY FOOT". WHEN I ASKED THE DEFENDANT IF SHE WAS CERTAIN THAT SHE MEANT COLD SORE, SHE STATED, "I MEANT A BUNION." I ASKED HER IF SHE HAD ANY SURGERIES OR ANY OTHER PHYSICAL AILMENTS TO WHICH SHE ADVISED "NO". I ASKED THE DEFENDANT WHAT HER HIGHEST LEVEL OF EDUCATION WAS, TO WHICH SHE REPLIED COLLEGE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER 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 AND DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW THE INSTRUCTIONS AS I HAD GIVEN, TO WIT; THE DEFENDANT CONTINUOUSLY LOOKED AHEAD WITH AN EMPTY STARE AND DID NOT AT ANY TIME TOUCH THE TIP OF HER NOSE WITH EITHER HER LEFT OR RIGHT FINGER SHE DID HOWEVER, TOUCH HER LIPS EACH TIME. I STOPPED THE TESTING AND AGAIN EXPLAINED TO THE DEFENDANT THE TASK TO WHICH SHE AGAIN STARED DIRECTLY AT ME, NOT TILTING HER HEAD BACK NOR CLOSING HER EYES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO LIFT HER RIGHT FOOT FOR ONE SECOND AND THEN LOST HER BALANCE AND AGAIN LIFTED HER RIGHT FOOT AND COUNTED TO FIVE AT A HIGH RATE AND THEN GAVE UP. THE DEFENDANT WOULD NOT CONTINUE THAT TASK SO WE MOVED ON TO THE NEXT ONE. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WOULD NOT FOLLOW MY DIRECTIONS WHILE I WAS ATTEMPTING TO DEMONSTRATE THE TASK TO HER. THE DEFENDANT THEN ATTEMPTED TO COMPLETE THE TASK; HOWEVER, ONLY WENT ONE DIRECTION AND DID NOT TOUCH HEEL TO TOE OR FOLLOW A STRAIGHT LINE. ONCE THE DEFENDANT REACHED COUNT NINE, SHE STOPPED AND LOST HER BALANCE AT WHICH TIME, I PUT MY HANDS ON HER BACK TO HOLD HER UP. TASK FIVE, ALPHABET AND RHOMBERG, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT COUNTED TO "F" AND GAVE UP TWO TIMES. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH SERGEANT TOMPKINS UNTIL A TOW TRUCK ARRIVED. IT SHOULD BE NOTED, THE DEFENDANT WAS ALSO TAKING PRESCRIPTION OXYCODONE (FIVE MILLIGRAMS) AND THE DEFENDANT DID ADVISE THAT SHE HAD TAKEN AT LEAST ONE OXYCODONE PILL. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. 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 7179-XDO WITH A MANDATORY COURT APPEARANCE OF 030509 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .21 AND .222. *NOT-EXEMPT* |
