| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11123882) 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. (AND) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT STRUCK A CITRUS COUNTY SHERIFF'S OFFICE VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON 121011, AT APPROXIMATELY 1248 HOURS, I RESPONDED TO SOUTH APOPKA AVENUE AND WEST HIGHLAND BOULEVARD IN REFERENCE TO A TRAFFIC ACCIDENT. UPON MY ARRIVAL I MADE CONTACT WITH DETECTIVE CONLEY WHO ADVISED THAT THE DEFENDANT'S VEHICLE HAD STRUCK THE REAR OF A SHERIFF'S OFFICE VOLUNTEER VEHICLE WHICH WAS PARKED IN THE INTERSECTION TO BLOCK TRAFFIC. I THEN MADE CONTACT WITH THE DEFENDANT, WHO IDENTIFIED HERSELF AS MS ERICA NANCE, VIA HER FLORIDA DRIVER'S LICENSE. I ASKED MS NANCE WHAT HAD HAPPENED, TO WHICH SHE REPLIED, "I DON'T KNOW". MS NANCE STATED SOMEONE SWERVED IN HER LANE AND SHE THINKS SHE BUMPED THE BACK OF A VEHICLE. WHILE SPEAKING WITH MS NANCE, SHE COULD NOT MAINTAIN HER BALANCE, CONTINUALLY FALLING BACK AGAINST HER VEHICLE, WHICH WAS PARKED IN THE GRASS ON THE SIDE OF THE ROAD. I ASKED MS NANCE IF SHE HAD TAKEN ANY MEDICATION, TO WHICH SHE ADVISED, YES. MS NANCE ADVISED SHE TAKES SOMA'S FOR DEPRESSION, AND CLONAZPAM AND A FEW OTHER MEDICATIONS WHICH SHE COULD NOT REMEMBER THEIR NAMES. MS NANCE'S SPEECH WAS HEAVILY SLURRED AND SHE COULD NOT COMPLETE A SENTENCE AND SHE KEPT REPEATING HERSELF OVER AND OVER AGAIN. AT THIS POINT I ADVISED MS NANCE I WOULD BE SWITCHING FROM AN ACCIDENT REPORT TO A DUI INVESTIGATION. MS NANCE ADVISED, "OKAY", AND THAT ALL SHE DID WAS TAKE HER MEDICATIONS. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID/DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HER BALANCE WHILE TAKING ANY STEPS. THE DEFENDANT TOOK THREE STEPS AND STOPPED AND THEN TOOK THREE MORE STEPS AND STOPPED. THE DEFENDANT THEN STARTED COUNTING FROM NUMBER ONE AGAIN AND TOOK FOUR STEPS AND STOPPED. THE DEFENDANT THEN ASKED IF SHE HAD TO DO NINE MORE STEPS, TO WHICH I STATED, YES SHE DID. THE DEFENDANT THEN ATTEMPTED TO TAKE NINE MORE STEPS BUT COULD NOT COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT COMPLETE THE TASK AS INSTRUCTED (REFERENCE VIDEO). 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 RAMOS TO BE TURNED OVER TO THE DEFENDANT'S HUSBAND, AS WELL AS HER TWO CHILDREN WHO WERE IN THE VEHICLE WITH HER AT THE TIME OF THE INCIDENT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .00. THE DEFENDANT DID SUBMIT A URINE SAMPLE WHICH WILL BE SENT TO BE EXAMINED FOR ANY NARCOTICS AND/OR DRUGS. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. SHE WAS ALSO CHARGED WITH DUI WITH PROPERTY DAMAGE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7760-XBL-4 FOR DUI WITH A MANDATORY COURT APPEARANCE AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7761-XBL-5, FOR DUI WITH PROPERTY DAMAGE. BOTH HAVE A MANDATORY COURT APPEARANCE OF 010512, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UTC 9460-ROZ-3, FOR CARELESS DRIVING WITH A $ 166.00 FINE PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY COURTHOUSE. A VIDEO COPY OF THE FIELD SOBRIETY TASKS WILL BE PLACED INTO EVIDENCE. *NOT-EXEMPT* |
