| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR08106213) 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; ON 111108 AT APPROXIMATELY 2340 HOURS, WHILE PATROLLING THE AREA OF EDEN DRIVE AND HIGHWAY 41 SOUTH, I OBSERVED A GREEN VEHICLE TRAVELING NORTHBOUND ON HIGHWAY 41 THROUGH THE RED LIGHT, AT THE INTERSECTION OF EDEN DRIVE AND HIGHWAY 41 SOUTH. I THEN PULLED BEHIND THE VEHICLE, ACTIVATED MY EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO IDENTIFIED HIMSELF AS MR HARRY WEBB, VIA HIS FLORIDA DRIVER'S LICENSE. I EXPLAINED TO THE DEFENDANT THE REASON FOR THE TRAFFIC STOP BEING THAT HE RAN THE RED LIGHT, TO WHICH HE REPLIED "I KNOWN IT TURNED FAST." I THEN ISSUED the DEFENDANT A WRITTEN WARNING FOR RUNNING THE RED LIGHT. UPON SPEAKING WITH the DEFENDANT, I DID DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM his BREATH. THE DEFENDANT'S EYES ALSO APPEARED WATERY AND GLOSSED OVER. I THEN ASKED the DEFENDANT IF HE HAD BEEN DRINKING TONIGHT, TO which HE REPLIED, "YAAH, I HAD A BEER OR TWO WHILE PLAYING POOL AT MAX'S." I THEN ADVISED THE DEFENDANT THAT I WAs CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION, BECAUSE I BELIEVED THAT HE WAS POSSIBLY UNDER the INFLUENCE OF ALCOHOL. I THEN ASKED THE DEFENDANT IF HE WOULD EXIT his VEHICLE and PERFORM FIELD SOBRIETY TASKS, TO WHICH HE REPLIED, "I'D RATHER NOT because I HAVE A BAD BACK AND IT THROWS MY BALANCE OFF." I THEN ADVISED THE DEFENDANT THAT HE NEEDED TO EXIT HIS VEHICLE, AND WE could WORK WITH HIM because OF HIS BACK PROBLEMS. I THEN ASKED THE DEFENDANT IF HIS BACK PROBLEMS WOULD HINDER HIM IN PERFORMING ANY VISION TASKS, ALPHABETICAL TASKS, OR STANDING ON YOUR FEET TASKS, TO WHICH HE REPLIED, "NO, BUT I CAN'T DO THE TOE TO HEEL WALK OR STANDING ON ONE FOOT." 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, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, WHEN the DEFENDANT WAS ASKED TO BRING his RIGHT INDEX FINGER TO THE TIP OF HIS NOSE, THE DEFENDANT BROUGHT HIS FINGER TO THE BRIDGE OF HIS NOSE, IN-BETWEEN HIS RIGHT EYEBROW and LEFT EYEBROW, AND THEN LEFT HIS FINGER THERE. I THEN ADVISED THE DEFENDANT THAT HE COULD PUT HIS FINGER DOWN. I AGAIN EXPLAINED TO THE DEFENDANT THAT WHEN HE TOUCHED the TIP OF HIS NOSE, HE could IMMEDIATELY BRING HIS FINGER BACK DOWN. I ASKED THE DEFENDANT IF HE UNDERSTOOD THESE INSTRUCTIONS, TO WHICH HE REPLIED, YES. I THEN HAD THE DEFENDANT BRING his LEFT INDEX TO THE TIP OF HIS NOSE, AT WHICH TIME HE PLACED HIS LEFT INDEX FINGER AT THE BRIDGE OF HIS NOSE, AND LEFT IT THERE. I AGAIN ADVISED THE DEFENDANT THAT HE COULD PUT his FINGER BACK DOWN, AND REITERATED that PART OF THE FIELD SOBRIETY TASK WAS FOLLOWING MY INSTRUCTIONS. THE DEFENDANT ATTEMPTED PLACING THIS RIGHT INDEX FINGER TO HIS NOSE TWO MORE TIMES, TO WHICH EACH TIME THE DEFENDANT LEFT HIS FINGER AT THE TIP OF HIS NOSE AND DID NOT COMPLY WITH MY DIRECTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HE could NOT STAND ON ONE FOOT DUE to the FACT HE HAS A BAD RIGHT LEG. THE DEFENDANT FURTHER STATED TO THIS DEPUTY, "IN ALL TRUTHFULNESS MY BACK IS DETACHED FROM MY LEGS", THEREFORE HE COULD NOT KEEP HIS BALANCE. TASK FOUR, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PUT THE LETTER "E" IN-BETWEEN "D" AND "F", AND could NOT GET PASSED THE LETTER "Q" AND "R". I THEN ADVISED THE DEFENDANT TO START OVER AGAIN AT THE BEGINNING OF the ALPHABET, TO WHICH THE DEFENDANT AGAIN ENDED IN THE SAME AFOREMENTIONED RESULTS. I THEN ASKED THE DEFENDANT IF HE COULD CONDUCT the "WALK AND TURN TASK", TO WHICH HE REPLIED "IN ALL TRUTHFULNESS, NO I CAN'T BECAUSE OF MY BACK, AGAIN, I'M BEING TRUTHFUL." AT THIS TIME DEPUTY CRUZ WHO WAS ASSISTING THIS DEPUTY WITH THE FIELD SOBRIETY TASKS ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK, TO WHICH THE DEFENDANT REPLIED "FOUR OR FIVE BEERS, I REALLY CAN'T REMEMBER BUT I KNOW MY LIMIT AND I DIDN'T HAVE TOO MUCH." AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. IT SHOULD BE NOTED THAT THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY CRUZ FOR THE DEFENDANT'S MOTHER TO PICK UP, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 7176-XDO WITH A MANDATORY COURT APPEARANCE ON 120408 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING NUMBER 235070B, FOR RUNNING THE RED LIGHT. *NOT-EXEMPT* |
