| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11123575) 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 drive or was in the actual physical control of a vehicle at a time when his blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused DAMAGE TO THE PROPERTY OF another, to wit: STRIKE A TELEPHONE POLE AND TELEPHONE BOX, in violation of Florida STATE Statute 316.193(3) (A) (B) (C)(1). on 111611, at approximately 1900 hours, i responded to the area of west gulf to lake hIGHWAY and west crystal oaks boulevard IN LECANTO in reference to a traffic accident. upon my arrival, i made CONTACT with deputy merritT who had already arrived on scene. deputy merritT advised that the defendant/driver, MR gregory foulkrod, was standing outside of his vehicle upon his arrival. deputy merritT made contact with the witnesses who advised that they heard a crash and came to the roadside and observed the defendant behind the steering wheel trying to back his vehicle out of the ditch. i then made contact with THE WITNESSES, MR robert mcdavid and MR robert platz jr. THE witnesses advised that when they heard the crash they came to the roadside and observed the defendant trying to back out of the ditch and leave the scene. mr mcdavid advised that he stood next to the defendant while calling 911. i then spoke with the defendant who advised that he was traveling west on west gulf to lake highway when traffic got in his way so he pulled over to the side of the road to get out of the way. the defendant advised that he left work and went to a bar on grover cleveland BOULEVARD. The defendant's speech was heavily slurred and there was a strong odor of an ALCOHOLIC beverage coming from his breath. the defendant was also not sure of where he was at but did state he was heading home. THERE WERE CLEAR BRAKE MARKS FROM WHERE THE DEFENDANT HAD ATTEMPTED TO STOP. THE DEFENDANT'S VEHICLE DROVE UP THE EMBANKMENT STRIKING A TELEPHONE POLE AND AN EMBARQ TELEPHONE BOX. i then advised the defendant that i would be switching from an accident investigation to a DRIVING UNDER THE INFLUENCE (dui) investigation to which the defendant stated "ok". 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, THE DEFENDANT DID NOT FOLLOW THE TIP OF THE PEN WITH HIS EYES BUT INSTEAD STARED STRAIGHT AHEAD AT ME. THE DEFENDANT THEN JERKED HIS HEAD LEFT AND THEN RIGHT WHILE I MOVED THE PEN FROM SIDE TO SIDE. WHEN THE DEFENDANT STOPPED MOVING HIS HEAD, THERE WAS DISTINCT NYSTAGMUS IN BOTH THE RIGHT AND LEFT EYE PRIOR TO 45 DEGREES. WHILE COMPLETING THIS TASK, THE DEFENDANT SWAYED BACK AND FORTH NOT STANDING STILL AT ANY TIME. TASK TWO, WALK AND TURN. THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE EXPLAINING THE TASK, THE DEFENDANT WAS INSTRUCTED TO STAND WITH HIS RIGHT FOOT IN FRONT OF HIS LEFT TOUCHING HIS HEEL TO TOE. THE DEFENDANT DID NOT DO THIS, INSTEAD STANDING WITH BOTH FEET NEXT TO EACH OTHER AND AT AN ANGLE. I ASKED THE DEFENDANT TO STEP BACK SO HE WOULD HAVE ENOUGH ROOM TO COMPLETE THE TASK, AT WHICH TIME, HE ASKED ME HOW MANY STEPS. I SHOWED THE DEFENDANT WHERE TO STAND BUT HE WOULD NOT MOVE UNTIL I TOLD HIM HOW MANY STEPS TO STEP BACK. THE DEFENDANT THEN STEPPED BACKWARDS FOUR STEPS. WHILE THE DEFENDANT ATTEMPTED TO COMPLETE THE TASK HE TOOK TEN STEPS. WITH EACH STEP, THE DEFENDANT SHUFFLED HIS FEET NEXT TO EACH OTHER NOT ONE TIME TOUCHING HEEL TO TOE. WHEN THE DEFENDANT TOOK HIS TENTH STEP, I HAD TO INSTRUCT HIM TO TAKE NINE STEPS BACK. THE DEFENDANT THEN WALKED BACKWARDS NINE STEPS. TASK THREE, ONE LEG STAND. THE DEFENDANT REFUSED TO LISTEN TO ME EXPLAIN THE TASK STATING "HE WOULD NOT DO IT". THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND DUI WITH PROPERTY DAMAGE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE 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 RESULTS BEING .164 AND .165. THE DEFENDANT WAS ISSUED DUI CITATION, NUMBER 7757-XBL-6, FOR DUI WITH PROPERTY DAMAGE AND DUI CITATION, NUMBER 7126-XGA-7, FOR DUI BOTH WITH A MANDATORY COURT APPEARANCE OF 120111 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9260-ROZ-8, FOR CARELESS DRIVING WITH A CIVIL PENALTY OF $166.00 PAYABLE WITHIN 30 DAYS TO THE CITRUS COUNTY CLERK OF COURT. THE DEFENDANT'S BOND WAS SET AT $1,000.00 ACCORDING TO 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* |
