| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11122994) 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(1). ON 100211, AT APPROXIMATELY 0140 HOURS, I RESPONDED TO THE AREA OF NORTHWEST 22ND STREET AND NORTH TALLAHASSEE ROAD IN REFERENCE TO A CALL OF A VEHICLE PARKED IN THE ROADWAY WITH NO ONE IN IT. UPON MY ARRIVAL, I OBSERVED A WHITE KIA SUV PARKED FACING SOUTH ON NORTH TALLAHASSEE ROAD, IN THE INTERSECTION OF NORTH TALLAHASSEE ROAD AND NORTHWEST 22ND STREET. I OBSERVED THE DEFENDANT, MS ELAINE MOORE, TO BE SITTING IN THE DRIVER'S SEAT ASLEEP. I WALKED UP TO THE VEHICLE AND LOOKED INSIDE THE OPEN DRIVER'S SIDE WINDOW AND OBSERVED THE VEHICLE TO STILL BE IN THE DRIVE POSITION WITH THE RADIO ON. I THEN ASKED DEPUTY STOKES, WHO HAD RESPONDED AS BACK-UP, TO PUT THE VEHICLE IN PARK FROM THE PASSENGER SIDE, BECAUSE I COULD NOT REACH THE GEAR SHIFT. AT THAT TIME, THE DEFENDANT WOKE UP AND I INSTRUCTED HER TO PLACE THE VEHICLE INTO PARK. THE DEFENDANT STATED THAT THE VEHICLE WAS IN PARK AND THAT SHE WAS IN THE PARKING LOT OF CASTAWAYS BAR. THE DEFENDANT'S SPEECH WAS HEAVILY SLURRED AND THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I ASKED THE DEFENDANT IF SHE WOULD STEP OUT OF HER VEHICLE ,TO WHICH SHE STATED "WHY I AM PARKED IN CASTAWAYS WAITING FOR A FRIEND". I HAD TO EXPLAIN TO HER AGAIN, THAT SHE WAS NOT PARKED AT CASTAWAYS BUT PARKED IN THE MIDDLE OF THE INTERSECTION. THE DEFENDANT STEPPED OUT OF HER VEHICLE AND STUMBLED TO THE SIDE OF HER CAR. I POINTED OUT TO THE DEFENDANT WHERE SHE WAS PARKED, TO WHICH SHE STATED THAT "SHE WAS NOT DRIVING AND SHE WAS WAITING FOR A FRIEND". I THEN ASKED THE DEFENDANT IF SHE WOULD PERFORM THE STANDARDIZED FIELD SOBRIETY TASKS TO WHICH SHE STATED "YES BUT I WAS NOT DRIVING". I THEN HAD THE DEFENDANT STEP TO THE REAR OF HER VEHICLE WHERE THE SURFACE WAS FLAT AND SMOOTH. I ASKED THE DEFENDANT IF SHE HAD ANY PHYSICAL OR MENTAL DISABILITIES THAT WOULD PREVENT HER FROM PERFORMING THE TASKS, TO WHICH SHE STATED "NO". 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 DID NOT FOLLOW THE TIP OF THE PEN WITH HER EYES BUT INSTEAD MOVED HER HEAD SIDE TO SIDE. AT ONE POINT WHEN MOVING THE PEN TO THE RIGHT THE DEFENDANT MOVED HER HEAD TO THE RIGHT BEFORE THE PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK TEN STEPS WITH EACH STEP THE DEFENDANT DID NOT TOUCH HEEL TO TOE BUT WALKED WITH HER FEET SIDE BY SIDE. WHEN THE DEFENDANT ARRIVED ON STEP NUMBER TEN SHE TOOK FOUR STEPS IN A MARCHING FASHION AND STATED "THERE NINE". THE DEFENDANT THEN WAS INSTRUCTED TO TAKE NINE STEPS BACK. THE DEFENDANT TOOK TEN MORE STEPS NOT COUNTING ANY STEPS OUT LOUD OR DID THE DEFENDANT TOUCH HEEL TO TOE. THE DEFENDANT REPEATEDLY STATED "WHEN I'M SOBER, I CAN'T, WHEN I'M SOBER I CAN'T DO THESE STUFF". TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOOD WITH HER HANDS PLACED BEHIND HER BACK AND STARED AT THE GROUND. I ASKED THE DEFENDANT TO START THE TASK, TO WHICH THE DEFENDANT STILL STOOD STILL. THE DEFENDANT THEN STATED "I CAN'T DO THIS SOBER". I THEN ASKED THE DEFENDANT IF SHE WAS REFUSING TO COMPLETE THIS TASK AS INSTRUCTED, TO WHICH SHE DID NOT REPLY. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY STOKES TO BE TOWED BY KNIGHTLY TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS ISSUED A FLORIDA DUI CITATION 4824-XDX-1, FOR DUI AND WITH A MANDATORY COURT APPEARANCE ON 102011 AT 1300HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION NUMBER 9029-GJX-8, FOR SAFETY BELT VIOLATION, AND UNIFORM TRAFFIC CITATION NUMBER 9030-GJX-1, FOR IMPROPER STOPPING WITHIN AN INTERSECTION. BOTH HAVE A FINE OF $116.00, PAYABLE IN 30 DAYS TO THE CITRUS COUNTY CLERK OF COURTS. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
