| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10116033)(0571) 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); ON 072510, AT APPROXIMATELY 1640 HOURS, I RESPONDED TO THE INTERSECTION OF SOUTH CENTENNIAL AVENUE AND WEST TROTTER LANE IN REFERENCE TO A CALL OF A DRUNK DRIVER. UPON MY ARRIVAL I MADE CONTACT WITH AN OFFICER FROM THE DADE CITY POLICE DEPARTMENT WHO WAS IN A MARKED DADE CITY POLICE CAR, AND HE ADVISED THAT HE HAD BEEN FOLLOWING A TAN HONDA ACCORD THAT WAS NORTHBOUND ON U S HIGHWAY 19 AND HE OBSERVED IT TO BE SWERVING ALL OVER THE ROADWAY. THE OFFICER STATED THAT THE VEHICLE ALMOST CAUSED AN ACCIDENT AT THE LIGHT AT CARDINAL AND U S HIGHWAY 19. THE OFFICER ADVISED THAT THE VEHICLE CONTINUED NORTHBOUND ON U S HIGHWAY 19 AND CAME TO THE INTERSECTION OF GROVER CLEVELAND AND U S HIGHWAY 19, WHERE THE VEHICLE HIT THE CURB. THE OFFICER ADVISED THE VEHICLE THEN TURNED EASTBOUND ON GROVER CLEVELAND TO SOUTH CENTENNIAL AVENUE. THE OFFICER ADVISED THAT WHEN THE VEHICLE TURNED SOUTH ONTO SOUTH CENTENNIAL AVENUE, THE DRIVER, WHO WAS THE ONLY OCCUPANT, THREW A BOTTLE OF VODKA OUT THE PASSENGER SIDE WINDOW. THE OFFICER ADVISED THE VEHICLE CONTINUED SOUTHBOUND ON SOUTH CENTENNIAL AVENUE UNTIL IT CAME TO WEST TROTTER LANE, WHERE THEY THEN DROVE AROUND THE BLOCK AND BACK TO WEST TROTTER LANE. THE OFFICER ADVISED THE VEHICLE THEN TURNED EAST ONTO WEST TROTTER LANE, AT WHICH POINT THE VEHICLE THEN TURNED AROUND AND CAME BACK TO THE INTERSECTION OF WEST TROTTER LANE AND SOUTH CENTENNIAL AVENUE, WHERE THE DRIVER THEN STOPPED THE OFFICER AND ASKED HIM FOR DIRECTIONS TO CECIL COURT. IT WAS AT THIS TIME THAT I ARRIVED ON SCENE AND MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER OF THE VEHICLE. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TODAY, TO WHICH HE STATED, NO HE DID NOT. I THEN TOLD THE DEFENDANT THAT THE PERSON HE HAD STOPPED WAS A DADE CITY POLICE OFFICER AND THAT THE POLICE OFFICER HAD HIM ON VIDEO THROWING A BOTTLE OF VODKA AND DRIVING ERRATICALLY. AT THAT TIME HE STATED HE DID HAVE SOMETHING TO DRINK. I ASKED HIM HOW MUCH HE HAD TO DRINK, TO WHICH HE STATED, "NOT A LOT FOR ME.” WHILE I WAS SPEAKING WITH THE DEFENDANT I COULD SMELL A STRONG ODOR OF ALCOHOL COMING FROM HIS BREATH AND HE HAD A VERY SLOW RESPONSE TO MY QUESTIONS. I THEN HAD THE DEFENDANT STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH THE DEFENDANT ATTEMPTED TO GET OUT OF HIS VEHICLE, BUT FELL BACK INTO THE DRIVER'S SEAT. I THEN HELPED THE DEFENDANT OUT OF HIS VEHICLE AND HAD HIM WALK TO THE BACK OF HIS VEHICLE, WHERE THE DEFENDANT COULD NOT WALK WITHOUT HOLDING ONTO HIS CAR FOR BALANCE. WHEN THE DEFENDANT STEPPED TO THE REAR OF HIS VEHICLE HE LOST HIS BALANCE TWICE AND EACH TIME I HAD TO CATCH HIM FROM FALLING. I HELPED THE DEFENDANT STEADY HIMSELF, AND HE HAD TO LEAN AGAINST HIS CAR TO MAINTAIN HIS BALANCE. AT THAT TIME I ADVISED THE DEFENDANT WE WOULD BE COMPLETING FIELD SOBRIETY TASKS, TO WHICH HE STATED, "OKAY". 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. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. WHEN THE DEFENDANT ATTEMPTED TO COMPLETE THIS TASK HE COULD NOT FOLLOW THE PEN WITH HIS EYES ONLY; CONTINUOUSLY MOVING HIS HEAD AND HIS BODY WHICHEVER WAY I MOVED THE PEN. THE DEFENDANT CONTINUOUSLY CLOSED HIS EYES AND AGAIN, LOST HIS BALANCE, AT WHICH POINT I HAD TO CATCH HIM FROM FALLING. THE DEFENDANT DID FAIL THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY STEPS HE TOOK. WHEN TAKING THE STEPS THE DEFENDANT KEPT HIS FEET APPROXIMATELY THREE FEET APART AND STARTED COUNTING WITH NUMBER ONE AND IMMEDIATELY WENT TO NUMBER NINE AND TURNED AROUND AND SHUFFLED FIVE STEPS BACK. I THEN ASKED THE DEFENDANT TO TURN BACK AROUND AND FACE ME, BUT THE DEFENDANT LOST HIS BALANCE AND I AGAIN CAUGHT HIM BEFORE HE FELL. I ATTEMPTED TO EXPLAIN TASK THREE WHICH IS THE ONE LEG STAND, BUT THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE LONG ENOUGH FOR ME TO EXPLAIN THE 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 LEFT WITH DEPUTY RICCI TO BE TOWED BY ADAMS TOWING. 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 .208 AND .210. 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 2338-XBG-X, WITH A MANDATORY COURT APPEARANCE ON 081210 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
