| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11120165) 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(1); DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD OR BREATH ALCOHOL LEVEL WAS .08% OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED INJURY TO ANOTHER PERSON'S PROPERTY, TO-WIT: DEFENDANT BACKED INTO A CITRUS COUNTY SHERIFF'S OFFICE (CCSO) PATROL VEHICLE, IN VIOLATION OF FLORIDA STATUTE 316.193(3)(A)(B)(C)(1); DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E); ON 040811 AT APPROXIMATELY 0140 HOURS, I RESPONDED TO THE AREA OF WEST GULF TO LAKE HIGHWAY AND NORTH TURKEY OAK DRIVE IN REFERENCE TO A VEHICLE ACCIDENT INVOLVING THE DEFENDANT AND A CITRUS COUNTY SHERIFF'S OFFICE (CCSO) PATROL VEHICLE BEING DRIVEN BY DEPUTY LUDLOW. DEPUTY LUDLOW ADVISED THAT HE WAS TRAVELING WESTBOUND ON WEST GULF TO LAKE HIGHWAY AND OBSERVED A VEHICLE IN THE OUTSIDE WESTBOUND LANE APPEAR TO BE BACKING UP EASTBOUND IN THE WESTBOUND LANE. DEPUTY LUDLOW ADVISED THAT AS HE PULLED CLOSER TO THE VEHICLE, THE VEHICLE STARTED BACKING UP EASTBOUND AND APPEARED TO STOP. DEPUTY LUDLOW ADVISED THAT HE HAD LOOKED DOWN AND THEN BACK UP AND THE DEFENDANT'S VEHICLE WAS BACKING TOWARDS HIM. DEPUTY LUDLOW ADVISED THAT HE COULD NOT STOP IN TIME, SUBSEQUENTLY STRIKING THE DEFENDANT'S VEHICLE IN THE REAR BUMPER. DEPUTY LUDLOW ADVISED THAT THE DEFENDANT THEN PUT THE VEHICLE IN DRIVE AND CONTINUED BACK WESTBOUND UNTIL THEY ARRIVED AT THE TRAFFIC LIGHT AT WEST GULF TO LAKE HIGHWAY AND NORTH TURKEY OAK DRIVE. DEPUTY LUDLOW ADVISED THAT HE MADE CONTACT WITH THE DEFENDANT AND SHE APPEARED, DUE TO HER BEHAVIOR, TO BE UNDER THE INFLUENCE. I THEN ARRIVED ON SCENE AND THE DEFENDANT WAS STILL IN HER VEHICLE IN THE DRIVER'S SEAT. I ASKED THE DEFENDANT IF SHE KNEW WHAT HAD HAPPENED TO WHICH SHE ADVISED "I'M DRIVING MY FRIEND'S CAR AND I DON'T KNOW HOW TO OPERATE A STICK SHIFT CAR" I ASKED THE DEFENDANT IF SHE HAD EVER DRIVEN A STICK SHIFT VEHICLE BEFORE TO WHICH SHE STATED "NO". WHILE SPEAKING WITH THE DEFENDANT, I COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I DID OBSERVE THAT SHE HAD LIPSTICK SMEARED TO THE RIGHT SIDE OF HER MOUTH. I THEN ASKED THE DEFENDANT IF SHE HAD ANYTHING TO DRINK TONIGHT TO WHICH SHE STATED "YES I DID, IT'S LADY'S NIGHT AT CLUB RAIN". I THEN ADVISED THE DEFENDANT THAT I WAS GOING FROM AN ACCIDENT INVESTIGATION TO A DRIVING UNDER THE INFLUENCE INVESTIGATION. I HAD THE DEFENDANT STEP TO THE SIDEWALK, WHICH WAS SMOOTH AND LEVEL, TO PERFORM THE STANDARDIZED FIELD SOBRIETY TESTS. 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 THAT SHE DID NOT, BUT SHE HAD TWISTED HER ANKLE A COUPLE WEEKS AGO. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. THE DEFENDANT DID NOT FOLLOW MY PEN WHEN MOVING SIDE TO SIDE. THE DEFENDANT CONTINUOUSLY MOVED HER GAZE BACK TOWARDS ME. WHEN THE DEFENDANT DID FOLLOW THE PEN THERE WAS ONSET OF NYSTAGMUS PRIOR TO 30 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 DID NOT COUNT ANY OF HER STEPS OUT LOUD, THE DEFENDANT WHEN TAKING HER FIRST NINE STEPS DID TOUCH HEEL TO TOE ON FOUR STEPS, BUT DID NOT TOUCH HEEL TO TOE ON THE NEXT FIVE. THE DEFENDANT DID NOT COUNT HER STEPS OUT LOUD AND TOOK TEN STEPS. WHEN THE DEFENDANT GOT TO STEP NUMBER TEN, SHE TURNED AROUND AND REGAINED HER BALANCE AND STARTED TAKING NINE STEPS BACK. AGAIN, THE DEFENDANT DID NOT COUNT ANY STEPS OUT LOUD, USED HER ARMS TO BALANCE HERSELF AND TOOK TEN STEPS INSTEAD OF NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HER RIGHT FOOT OFF THE GROUND, DID NOT COUNT OUT LOUD AND SAID "FIVE" AND PUT HER FOOT BACK DOWN. THE DEFENDANT WAS THEN INSTRUCTED TO KEEP GOING UNTIL I TOLD HER TO STOP; THE DEFENDANT THEN STATED "REALLY, I CAN'T DO THIS". THE DEFENDANT MADE SEVERAL ATTEMPTS TO PERFORM THIS TASK BUT WAS UNSUCCESSFUL. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY THE OWNER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF), WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE SECOND OFFENSE WITH A $1,000.00 BOND PER THE BOND SCHEDULE; DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY OR PERSON OF ANOTHER WITH A $500.00 BOND; AND REFUSE TO SUBMIT APPROVED CHEMICAL/PHYSICAL TEST FOR ALCOHOL WITH A BOND OF $500.00. THE DEFENDANT'S TOTAL BOND FOR ALL CHARGES WAS $2,000.00. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7102-XGA-X FOR DRIVING UNDER THE INFLUENCE SECOND OFFENSE; UNIFORM TRAFFIC CITATION (UTC) NUMBER 7388-GJX-9 FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE AND UNIFORM TRAFFIC CITATION (UTC) NUMBER 7389-GJX-X FOR REFUSAL TO SUBMIT TO APPROVED TEST; ALL WITH A MANDATORY COURT APPEARANCE ON 042811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7390-GJX-3, FOR IMPROPER BACKING 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* |
