| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09112555) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A) DID UNLAWFULLY AND KNOWINGLY ATTACH TO A MOTOR VEHICLE OR MOBILE HOME, TO-WIT: A MOTOR VEHICLE, A LICENSE PLATE OR VALIDATION STICKER TO THE PLATE NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IN VIOLATION OF FLORIDA STATUTE 320.261; ON 122509, AT APPROXIMATELY 1440 HOURS, I RESPONDED AS BACK-UP TO DEPUTY DALTON WHO WAS ON A TRAFFIC STOP IN the PARKING LOT OF WALGREENS AT THE CORNER OF SOUTH SUNCOAST BOULEVARD and GROVER CLEVELAND. UPON MY ARRIVAL, DEPUTY DALTON ADVISED THAT HE WAS DISPATCHED TO A CALL IN REFERENCE TO A RECKLESS VEHICLE THAT WAS BLUE IN COLOR TRAVELING NORTHBOUND ON SOUTH SUNCOAST BOULEVARD. DEPUTY DALTON OBSERVED THE VEHICLE TRAVELING NORTHBOUND APPROACHING GROVER CLEVELAND, AT WHICH TIME HE FOLLOWED the VEHICLE. HE DID OBSERVE the VEHICLE TO BE MOVING FROM the INSIDE NORTHBOUND LANE, TO THE OUTSIDE NORTHBOUND LANE, AND BACK INTO the INSIDE NORTHBOUND LANE. the VEHICLE REPEATED this ACTION A FEW MORE TIMES, AT WHICH TIME HE RAN the LICENSE PLATE NUMBER XCV21A, WHICH WAS ATTACHED TO THE VEHICLE; THIS REVEALED NO INFORMATION. the VEHICLE THEN TURNED SHARPLY INTO the WALGREENS PARKING LOT, AT WHICH TIME DEPUTY DALTON ACTIVATED HIS EMERGENCY LIGHTS AND CONDUCTED HIS TRAFFIC STOP. FURTHER INVESTIGATION REVEALED THAT the TAG DID NOT BELONG TO THAT VEHICLE, AND THAT IT DID EXPIRE IN the YEAR OF 1998. DEPUTY DALTON AND I MADE CONTACT with THE DRIVER/DEFENDANT OF THE VEHICLE, MS DEBRA STEPHENS, AND ASKED HER WHY THE TAG that WAS ON the VEHICLE DID NOT COME BACK TO ANYTHING. SHE STATED THAT SHE NEEDED A TAG ON HER VEHICLE SO SHE COULD DRIVE IT, SO SHE PUT HER BOYFRIEND'S TAG ON HER VEHICLE. A RECORDS CHECK OF the DEFENDANT'S LICENSE REVEALED THAT IT WAS CANCELED AND SUSPENDED FOR NO INSURANCE. THE DEFENDANT DID STATE TO DEPUTY DALTON THAT SHE KNEW HER LICENSE WAS NOT VALID. WHILE SPEAKING with the DEFENDANT, I NOTICED THAT HER EYES WERE VERY DROOPY AND THAT WHEN TALKING, her WORDS WERE VERY SLOW AND SLURRED. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING OR TAKING ANY DRUGS, TO which SHE REPLIED NO, SHE DID NOT DRINK BUT SHE HAD TAKEN VALIUM BETWEEN APPROXIMATELY 1030 AND 1100 HOURS THIS MORNING. the DEFENDANT THEN GAVE ME A PRESCRIPTION BOTTLE FOR DIAZAPAM 10 MILLIGRAMS, WHICH IT SHOWED THAT IT WAS FILLED ON 121709 FOR 90 TABLETS AND AT this TIME THERE WERE ONLY SEVEN FULL TABLETS AND TWO HALF TABLETS REMAINING. I THEN HAD the DEFENDANT STEP OUT OF her VEHICLE AND ADVISED HER THAT I WOULD BE CONDUCTING FILED SOBRIETY TASKS, TO which SHE STATED, OKAY. I THEN HAD the DEFENDANT STEP IN FRONT OF MY 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, BUT THAT SHE HAD SURGERY FOR A HERNIA IN OCTOBER. TASK ONE, FINGER TO NOSE; THIS TASK WAS EXPLAINED and DEMONSTRATED TO THE DEFENDANT. WHEN the DEFENDANT WAS INSTRUCTED TO TAKE HER RIGHT FINGER AND TOUCH THE TIP OF HER NOSE, SHE TOUCHED THE BRIDGE OF HER NOSE AND IMMEDIATELY PUT HER FINGER BACK. I THEN HAD the DEFENDANT TAKE HER LEFT FINGER AND TOUCH THE TIP OF her NOSE, TO WHICH SHE TOUCHED JUST ABOVE THE TIP. I HAD the DEFENDANT TAKE HER LEFT FINGER AND TOUCH THE TIP OF HER NOSE, TO WHICH SHE AGAIN TOUCHED THE BRIDGE OF HER NOSE AND THEN BELOW HER NOSE. I THEN HAD the DEFENDANT TAKE HER RIGHT FINGER AND TOUCH THE TIP OF HER NOSE, WHICH SHE TOUCHED JUST ABOVE THE TIP OF HER NOSE. WHILE CONDUCTING this TASK, THE DEFENDANT WAS SWAYING LEFT TO RIGHT and WAS UNSTEADY ON HER FEET. TASK TWO, ONE LEGGED STAND; THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHEN the DEFENDANT STARTED THE TASK, she LEFT HER RIGHT FOOT ON the GROUND AND STARTED COUNTING TO TEN. I THEN STOPPED THE DEFENDANT AND EXPLAINED TO HER THAT SHE HAD TO LIFT HER RIGHT FOOT OFF THE GROUND, TO which she STATED THAT SHE UNDERSTOOD. the DEFENDANT THEN LIFTED HER RIGHT FOOT OFF THE GROUND AND COUNTED TO ONE, and THEN LOST HER BALANCE AND PLACED HER FOOT BACK ON THE GROUND. SHE THEN LIFTED HER FOOT AGAIN, BUT COULD NOT MAINTAIN her BALANCE. the DEFENDANT THEN ASKED IF she COULD RAISE her LEFT FOOT OFF THE GROUND DUE TO HER HERNIA, TO WHICH I STATED, YES SHE could. she THEN LIFTED HER RIGHT FOOT OFF THE GROUND and IMMEDIATELY LOST HER BALANCE. TASK THREE, HEEL TO TOE; this TASK WAS EXPLAINED AND DEMONSTRATED TO the DEFENDANT. THE DEFENDANT ATTEMPTED TO COMPLETE THE TASK BUT COULD NOT MAINTAIN HER BALANCE WITHOUT USING her ARMS. WHEN SHE GOT TO STEP NINE, SHE ASKED IF SHE HAD TO WALK BACK, TO WHICH I REPLIED, YES. AT THAT TIME THE DEFENDANT ATTEMPTED TO TURN BUT LOST HER BALANCE and STARTED WAKING BACK, and WHEN she GOT TO STEP SEVEN SHE LOST HER BALANCE AGAIN. I THEN GRABBED THE DEFENDANT'S ARM TO HELP her REGAIN HER BALANCE. TASK FOUR 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 FIVE, THE ROMBERG ALPHABET; THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK the DEFENDANT just LOOKED AT THE GROUND AND DID NOT SAY ANYTHING. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT STATED ON THE ROAD SIDE, THAT SHE WOULD REFUSE ANY TEST because she HAD NOT DONE ANYTHING WRONG. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY DALTON TO BE PICKED UP BY HER SISTER. 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 HER BREATH WITH THE TEST RESULTS BEING .00; HOWEVER, THE DEFENDANT DID ADMIT TO TAKING ONE VALIUM AND SHE HAS A PAIN PATCH AS WELL. 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 (UTC), NUMBER 2321-XBG WITH A MANDATORY COURT APPEARANCE OF 011409 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UTC, NUMBER 9933-R0Z4 FOR DRIVING WHILE LICENSE SUSPENDED (DWLS) WITH KNOWLEDGE, WITH A MANDATORY COURT appearance ON 011409 AT 1300 HOURS. SHE WAS ISSUED UTC NUMBER 9934-R0Z5 FOR ATTACHED TAG NOT ASSIGNED, with A MANDATORY COURT APPEARANCE ON 011409 AT 1300 HOURS. UTC NUMBER 9935-R0Z6 FOR NO PROOF OF INSURANCE WITH A FINE OF $113.00, AND UTC NUMBER 9932-R0Z3 FOR EXPIRED TAG OVER SIX MONTHS WITH A FINE OF $113.00. *not-exempt* |
