| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10116758) 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). ON 090910 AT APPROXIMATELY 2055 HOURS, I RESPONDED AS BACK-UP TO DEPUTY RICCI TO A TRAFFIC STOP IN THE AREA OF SOUTH SUNCOAST BOULEVARD JUST NORTH OF SOUTH STONEBROOK DRIVE IN HOMOSASSA. DEPUTY RICCI ADVISED THAT HE WAS CONDUCTING TRAFFIC ENFORCEMENT IN THAT AREA AND OBSERVED A SILVER VEHICLE PULL OUT ON TO HIGHWAY 19 OUT OF A SIDE PARKING LOT WITHOUT STOPPING. DEPUTY RICCI ADVISED THAT HE PULLED UP BEHIND THE VEHICLE AND OBSERVED IT TO BE SWERVING FROM THE OUTSIDE LANE TO THE SHOULDER OF THE ROADWAY, AT WHICH TIME, DEPUTY RICCI ACTIVATED HIS EMERGENCY EQUIPMENT TO CONDUCT A TRAFFIC STOP. IT WAS AT THIS TIME, I PULLED IN BEHIND DEPUTY RICCI AND OBSERVED THE DEFENDANT PULL HER VEHICLE OFF THE ROADWAY AND THEN PUT HER VEHICLE INTO REVERSE AND START BACKING UP. IT WAS AT THIS TIME, THAT BOTH DEPUTY RICCI AND I HAD TO PULL OUR VEHICLES OUT OF THE DEFENDANT'S VEHICLE WAY, SO SHE WOULD NOT STRIKE OUR VEHICLES. DEPUTY RICCI APPROACHED THE PASSENGER SIDE OF THE VEHICLE AND I APPROACHED THE DRIVER'S SIDE. DEPUTY RICCI ADVISED THE DEFENDANT WHY SHE WAS BEING STOPPED, TO WHICH SHE STARTED YELLING AT DEPUTY RICCI THAT HE HAD NO RIGHT TO STOP HER. DEPUTY RICCI ASKED HER FOR HER DRIVER'S LICENSE, TO WHICH SHE STATED SHE COULD NOT FIND IT. DEPUTY RICCI ASKED THE DEFENDANT IF SHE HAD A VALID DRIVER'S LICENSE, TO WHICH SHE STATED NO; BECAUSE, SHE DID NOT PAY HER FINES. THE DEFENDANT WHILE SPEAKING, HER SPEECH WAS VERY SLURRED AND THERE WAS A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH. I ASKED THE DEFENDANT IF SHE HAD ANYTHING TO DRINK TONIGHT TO WHICH SHE STATED YES SHE DID AND THAT SHE JUST LEFT JIM'S CLUB WHICH IS A BAR ON SOUTH SUNCOAST BOULEVARD. I ASKED THE DEFENDANT TO STEP OUT OF HER VEHICLE TO PERFORM FIELD SOBRIETY TESTS, TO WHICH SHE REPEATEDLY STATED "NO DON'T DO THIS TO ME". THE DEFENDANT DID STEP OUT OF HER VEHICLE AND I ASKED HER TO STEP BEHIND HER VEHICLE, TO WHICH SHE LOST HER BALANCE BEFORE SHE EVEN STARTED WALKING. I HELPED THE DEFENDANT WALK TO THE BACK OF HER VEHICLE, AT WHICH TIME, SHE LEANED UP AGAINST THE BACK OF HER VEHICLE . 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. 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, THE DEFENDANT REPEATEDLY STATED "NO SHE WOULD NOT DO THE TASKS" WHICH I ASKED HER IF SHE WAS REFUSING TO DO THE TASK, TO WHICH SHE REPEATED "NO I WON'T DO IT TAKE ME TO JAIL". 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 DEPUTY RICCI TO BE TOWED BY ALL PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .282 AND .280. 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 7723-XBL-X WITH A MANDATORY COURT APPEARANCE OF 092310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2043-WBN-3, FOR FAIL TO DRIVE IN SINGLE LANE WITH A $166.00 FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE AND UNIFORM TRAFFIC CITATION (UTC) NUMBER 3356-GJX-7 FOR DRIVING WHILE LICENSE SUSPENDED (DWLS) KNOWINGLY WITH A MANDATORY COURT APPEARANCE OF 092310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING CITATION NUMBER 273566B FOR FAIL TO STOP FOR ONCOMING TRAFFIC. *NOT-EXEMPT* |
