| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11123530) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 111311 AT APPROXIMATELY 0136 HOURS, I WAS TRAVELING SOUTH ON SOUTH SUNCOAST BOULEVARD WHEN I OBSERVED A VEHICLE IN FRONT OF ME, APPROXIMATELY 1.5 MILES, TRAVELING SOUTH BOUND IN THE OUTSIDE SOUTH BOUND LANE. THE VEHICLE TRAVELED OFF OF THE ROADWAY TO THE WEST SHOULDER AND THEN BACK INTO THE OUTSIDE SOUTH BOUND LANE. I THEN PULLED CLOSER TO THE VEHICLE AND ACTIVATED MY IN-CAR VIDEO. THE VEHICLE COULD NOT MAINTAIN A SINGLE LANE REPEATEDLY DRIVING OVER THE FOG LINE AND BACK INTO THE LANE. I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN THE AREA OF KANE'S HARDWARE. I MADE CONTACT WITH THE DEFENDANT/DRIVER OF THE VEHICLE. I ADVISED THE DEFENDANT OF THE REASON THAT SHE WAS STOPPED AND ASKED HER FOR HER DRIVER'S LICENSE. THE DEFENDANT HAD DIFFICULTY LOCATING HER DRIVER'S LICENSE BUT DID PRODUCE A FLORIDA DRIVER'S LICENSE IDENTIFYING HER AS MS ELIZABETH MARION. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING TONIGHT DUE TO THE SMELL OF AN ALCOHOLIC BEVERAGE AND THE MUMBLING OF HER SPEECH. THE DEFENDANT ADVISED THAT SHE HAD EARLIER IN THE NIGHT. I THEN WENT BACK TO MY VEHICLE AND CONDUCTED A DRIVER'S LICENSE CHECK ON THE DEFENDANT. WHILE CONDUCTING THE CHECK, K-9 DEPUTY VIGGIANO SPOKE WITH THE DEFENDANT. DEPUTY VIGGIANO COULD ALSO DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE. DEPUTY VIGGIANO ALSO ADVISED ME THAT THE DEFENDANT HAD PUT CHEWING GUM IN HER MOUTH TO MASK THE ODOR. I ASKED THE DEFENDANT IF SHE WOULD STEP OUT OF HER VEHICLE TO PERFORM STANDARDIZED FIELD SOBRIETY TASKS TO WHICH SHE STATED "OH SHIT, THIS IS FUCKING RIDICULOUS". I HAD THE DEFENDANT STEP TO THE REAR OF HER VEHICLE WHERE THE GROUND WAS SMOOTH AND LEVEL. 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. THE DEFENDANT DID FOLLOW MY INSTRUCTIONS A SECOND TIME. THE DEFENDANT HAD ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES AND THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE RIGHT AND LEFT EYE. TASK TWO, THE WALK AND TURN. WHILE I WAS EXPLAINING THIS TASK TO THE DEFENDANT, THE DEFENDANT COULD NOT MAINTAIN HER BALANCE IN A STANDING POSITION. THE DEFENDANT WHEN TAKING HER FIRST NINE STEPS PUT HER ARMS OUT FROM HER SIDE PARALLEL TO THE GROUND AND CROSSED HER STEPS ON EVERY STEP. I HAD TO WALK NEXT TO THE DEFENDANT DUE TO HER LOSING HER BALANCE AND HAD TO CATCH HER FROM FALLING. THE DEFENDANT ATTEMPTED TO TAKE NINE STEPS BACK BUT IT MET WITH THE SAME RESULTS. THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY STEPS AND DID NOT COUNT HER STEPS OUT LOUD. TASK THREE, THE ONE LEG STAND. THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK, THE DEFENDANT STATED TWICE THAT SHE COULD NOT PERFORM THE TASK WHEN SHE WAS SOBER. THE DEFENDANT THEN RAISED HER LEFT LEG IN THE AIR IN A KARATE STYLE STANCE AND PUT HER ARMS IN THE AIR AND AWAY FROM HER SIDE. THE DEFENDANT PUT HER FOOT DOWN NUMEROUS TIMES AND THEN STATED SHE COULD NOT PERFORM THE TASK ANY FURTHER. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER PASSENGER WHO STATED "I TOLD HER NOT TO DRIVE BUT SHE WAS TOO STUBBORN." THE PASSENGER THEN STATED THAT THEY HAD BEEN DRINKING AT A BAR CALLED HIGH OCTANE "SINCE 9PM". THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO THE APPROVED TEST OF HER BREATH WITH THE RESULTS BEING .166 AND .157. THE DEFENDANT WAS ISSUED A FLORIDA DUI CITATION, NUMBER 7125-XGA-6, FOR DUI AND WITH A MANDATORY COURT APPEARANCE ON 120111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC), NUMBER 9250-ROZ-6, FOR FAIL TO USE DESIGNATED LANE WITH A CIVIL PENALTY OF $166.00 PAYABLE WITHIN 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
