| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR08102495) 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 NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 040208 AT APPROXIMATELY 0230 HOURS WHILE ON PATROL IN THE AREA OF WEST MAIN STREET IN INVERNESS, DEPUTY CROSNOE DID OBSERVE THAT THE DEFENDANT, WHOM DEPUTY CROSNOE HAD KNOWLEDGE HIS LICENSE WAS SUSPENDED, WAS DRIVING A WHITE CHEVY PICKUP HEADED EAST BOUND ON WEST MAIN STREET, AT WHICH TIME, DEPUTY CROSNOE CONDUCTED A TRAFFIC STOP ON SAID VEHICLE. AT THIS TIME, I ARRIVED AS BACK-UP TO DEPUTY CROSNOE AND DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON THE DEFENDANT'S BREATH. AT THIS TIME, I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TO WHICH HE STATED HE DID NOT AND THEN SAID "WELL YES TWO OR THREE BEERS." I THEN ADVISED THE DEFENDANT THAT I WOULD BE CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION, AT WHICH TIME, I STARTED MY INVESTIGATION. 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 HAD FALLEN 40 STORIES WHILE WORKING CONSTRUCTION A LONG TIME AGO. I THEN ASKED THE DEFENDANT IF THAT WOULD KEEP HIM FROM DOING THE TASKS TO WHICH HE STATED NO. 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 45 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. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW MY INSTRUCTIONS AND KEPT LEANING AGAINST THE TAILGATE OF HIS TRUCK TO MAINTAIN HIS BALANCE. I REPEATEDLY ASKED THE DEFENDANT TO STEP FORWARD AND TO FOLLOW MY INSTRUCTIONS TO WHICH THE DEFENDANT DID NOT FOLLOW MY INSTRUCTIONS AND COULD NOT MAINTAIN HIS BALANCE AND KEPT FALLING TO HIS LEFT. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW MY INSTRUCTIONS AND COULD NOT MAINTAIN HIS BALANCE AND COULD NOT TOUCH HIS HEEL TO TOE AS I DEMONSTRATED. I THEN ASKED THE DEFENDANT TO SLOW DOWN AND TAKE HIS TIME TO WHICH HE SPED UP HIS COUNTING AND WALKED 11 STEPS TO WHICH I THEN HAD TO STOP HIM OR ELSE HE WOULD HAVE KEPT WALKING DOWN THE ROAD. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REFUSED TO COMPLETE THE TASK WHICH HE STATED HE COULD NOT BECAUSE OF HIS INJURIES FROM FALLING 40 STORIES. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HE HAD NO PROBLEMS SAYING THE ALPHABET AND THAT HE COULD SPEAK THE ENGLISH LANGUAGE. I THEN ASKED THE DEFENDANT TO START THE ALPHABET, AT WHICH TIME HE STARTED WITH THE LETTER "A" AND SUCCESSFULLY COMPLETED THROUGH THE LETTER "R", AT WHICH TIME, HE COULD NOT PUT THE "U" AND THE "T" AND THE "S" IN PROPER ORDER AND HE STOPPED, THINKING HE HAD COMPLETED THE ALPHABET. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, DEPUTY CROSNOE WAITED WITH THE DEFENDANT'S VEHICLE FOR THE ARRIVAL OF THE TOW TRUCK.. 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 .335 AND .318. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $10,000.00 BOND PER THE BOND SCHEDULE DUE TO THE FACT THAT HIS LICENSE HAD BEEN SUSPENDED IN 2003 FOR DUI AND IN 2004 FOR REFUSAL TO SUBMIT TO BREATHALYZER OR URINE TEST AND WAS NEVER REINSTATED. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7171-XBO, WITH A MANDATORY COURT APPEARANCE OF 041708 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1409-FIR, FOR DRIVING ON SUSPENDED LICENSE WITH KNOWLEDGE WITH A $500 BOND PER THE BOND SCHEDULE. *NOT-EXEMPT* |
