| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10114920) 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; ON 052010, AT APPROXIMATELY 0236 HOURS, I RESPONDED AS BACK-UP TO DEPUTY POLLARD ON A TRAFFIC STOP. UPON ARRIVAL, DEPUTY POLLARD ADVISED THAT THE DEFENDANT, MR DENNIS HUNT, WAS DRIVING HIS BLUE FORD PICK UP TRUCK WITH THE MUSIC UP LOUD IN THE VEHICLE, AND IT WAS AUDIBLE FROM MORE THAN 25 FEET AWAY. THE AREA THAT DEPUTY POLLARD CONDUCTED THE TRAFFIC STOP IN WAS A RESIDENTIAL AREA AS WELL AS A BUSINESS AREA AND THERE HAVE BEEN NUMEROUS COMPLAINTS OF LOUD MUSIC BEING PLAYED BY VEHICLES I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM WHY HE HAD BEEN STOPPED, TO WHICH HE ADVISED THAT HE WAS PLAYING HIS STEREO LOUDLY. I ASKED THE DEFENDANT IF HE WAS DRIVING THE VEHICLE, TO WHICH HE STATED NO. I ASKED HIM IF HE WAS SURE, AND HE STATED "WELL IN DRIVE-THRU AT MCDONALD'S I WAS". I THEN ASKED DEPUTY POLLARD IF HE WAS SURE THAT THE DEFENDANT WAS DRIVING THE VEHICLE TO WHICH HE STATED, YES HE WAS. I THEN ASKED THE DEFENDANT AGAIN IF HE WAS DRIVING THE VEHICLE TO WHICH HE THEN SATED YES HE WAS. WHILE TALKING WITH THE DEFENDANT I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH WHEN HE SPOKE WITH ME AND HIS SPEECH WAS VERY SLURRED. THE DEFENDANT HAD A HARD TIME MAINTAINING HIS BALANCE AND WAS ALSO DISORIENTATED AT TIMES. I ADVISED THE DEFENDANT THAT I WOULD BE CONDUCTING FIELD SOBRIETY TASKS, TO WHICH HE STATED OKAY, AND THAT HE WOULD BE GONG HOME. 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 BUT THAT HE HAD FLIP-FLOPS ON. 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 INSTRUCTED TO TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, HE TOUCHED THE BRIDGE OF HIS NOSE IN-BETWEEN HIS LEFT AND RIGHT EYEBROW. I THEN HAD THE DEFENDANT TAKE HIS LEFT INDEX FINGER AND TOUCH THE TIP OF HIS NOSE, TO WHICH HE TOUCHED THE BRIDGE OF HIS NOSE AGAIN IN-BETWEEN HIS EYEBROWS. I HAD THE DEFENDANT TAKE HIS RIGHT INDEX FINGER AND TOUCH THE TIP OF HIS NOSE, TO WHICH HE STARTED TO TOUCH THE BRIDGE OF HIS NOSE AND MOVED HIS FINGER DOWN TO THE TIP OF HIS NOSE WHILE OPENING HIS EYES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ASKED YOUR AFFIANT WHICH FOOT TO PICK UP, TO WHICH I ADVISED HIM EITHER FOOT WOULD BE FINE. THE DEFENDANT THEN STATED "HOW 'BOUT MY RIGHT FOOT" AND I TOLD HIM THAT WAS FINE. THE DEFENDANT PICKED HIS RIGHT FOOT UP AND COUNTED TO ONE AND PLACED HIS RIGHT FOOT BACK DOWN ON THE GROUND. HE THEN COUNTED TO TWO AND PLACED HIS RIGHT FOOT BACK DOWN ON THE GROUND. THE DEFENDANT REPEATED THIS THREE MORE TIMES AT WHICH POINT I STOPPED HIM. TASK FOUR, WALK AND TURN, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I DREW A LINE ON THE PARKING LOT AND DREW ANOTHER LINE TO MAKE AN X, AND HAD THE DEFENDANT STAND ON THE X WITH HIS HANDS TO HIS SIDE AND HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT. THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE WHILE STANDING THERE LISTENING TO MY INSTRUCTIONS. WHEN INSTRUCTED, THE DEFENDANT TOOK NINE STEPS OF WHICH HE TOUCHED HEEL TO TOE AND HAD TO PUT HIS ARMS OUT TO KEEP HIS BALANCE. THE DEFENDANT COMPLETED THE WHOLE TASK IN THIS MANNER, THUS FAILING THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HIS PASSENGER WHO HAD A VALID DRIVER'S LICENSE AND WAS NOT INTOXICATED. 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 HIS BREATH WITH THE TEST RESULTS BEING .225 AND .236. 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 2330-XBG2 WITH A MANDATORY COURT APPEARANCE ON 060310, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6549-FRY2, FOR EXCESSIVE NOISE VIOLATION. *NOT-EXEMPT* |
