| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10118491) 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. ON 122110 AT APPROXIMATELY 0010 HOURS, I RESPONDED AS BACKUP DEPUTY TO DEPUTY NOCELLA WHO WAS ON A TRAFFIC STOP. DEPUTY NOCELLA ADVISED THAT HE HAD STOPPED THE DEFENDANT, MR JAMES EASTHAM, WHO WAS DRIVING SOUTHBOUND ON HIGHWAY 19 AT A SPEED OF 65 MILES PER HOUR (MPH) IN A 45 MILES PER HOUR (MPH) ZONE. THE DEFENDANT WAS DRIVING A 2000 NISSAN PICKUP AND PULLED OVER IN THE AREA OF HIGHWAY 19 AND NW 7TH AVENUE IN CRYSTAL RIVER. DEPUTY NOCELLA ADVISED THAT WHILE TALKING WITH THE DEFENDANT, THE DEFENDANT WAS CONFUSED AS TO WHERE HE WAS GOING AND THAT HE COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS STILL IN THE DRIVER'S SEAT AND ASKED HIM IF HE KNEW WHY HE HAD BEEN STOPPED. THE DEFENDANT STATED "THAT HE HAD BEEN STOPPED BECAUSE HE HAD BEEN GOING KINDA FAST BECAUSE HIS FOOT WAS ON THE GAS AND THAT HE WAS HEADED TOWARDS HIS MOTEL WHICH WAS THE DAY'S INN". WHILE SPEAKING WITH THE DEFENDANT HIS speech WAS VERY SLURRED AND HIS EYES WERE BLOODSHOT AND VERY WATERY. I COULD ALSO DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. I THEN ADVISED THE DEFENDANT THAT THE DAYS INN WAS NORTH ON HIGHWAY 19 AND THAT HE WAS HEADED SOUTH TO WHICH THE DEFENDANT STATED, HE HAD BEEN DRINKING AND THAT HIS FRIEND HAD JUMPED OUT OF THE CAR SOMEWHERE ON THE HIGHWAY. THE DEFENDANT THEN QUICKLY STATED NOT WHILE THE CAR WAS MOVING, BUT WHILE IT WAS STOPPED. I THEN ASKED THE DEFENDANT IF HE WOULD STEP OUT OF HIS VEHICLE TO PERFORM FIELD SOBRIETY TESTS, AT WHICH POINT, HE CUT ME OFF STATING "CAN'T YOU JUST CALL SOMEBODY, I WASN'T TRYING TO DRIVE MY VEHICLE AND HE'LL JUST WALK WITH THE KEYS". I THEN HAD THE DEFENDANT STEP OUT OF THE VEHICLE AND TO THE REAR OF HIS VEHICLE TO PERFORM THE FIELD SOBRIETY TESTS. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE 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 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WHEN INSTRUCTED TO STAND WITH HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT HEEL TOUCHING TOE WHILE I EXPLAINED AND DEMONSTRATED THE TASK, THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE, REPEATEDLY FALLING TO HIS RIGHT AND THEN USING HIS ARMS TO REGAIN HIS BALANCE. THE DEFENDANT THEN ATTEMPTED TO TAKE NINE STEPS, BUT ON HIS FOURTH STEP LOST HIS BALANCE AND TOOK TWO STEPS TO THE RIGHT AND PUT HIS ARMS OUT HORIZONTALLY TO REGAIN HIS BALANCE. THE DEFENDANT THEN TOOK TWO STEPS FORWARD AND STARTED COUNTING WITH THE NUMBER FIVE AND TOOK SIX MORE STEPS UNTIL I TOLD HIM TO STOP AND TURN AROUND AND TAKE NINE STEPS BACK. THE DEFENDANT ASKED ME IF HE NEEDED TO START COUNTING AT ONE TO WHICH I STATED "YES, HE DID". THE DEFENDANT TOOK A TOTAL OF 11 STEPS USING HIS ARMS TO MAINTAIN HIS BALANCE ON ALL HIS STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATEDLY ASKED IF HE NEEDED TO KEEP HIS FEET ON THE GROUND OR OFF THE GROUND, TO WHICH I DEMONSTRATED THIS TASK TO HIM FOR A SECOND TIME. THE DEFENDANT THEN LIFTED HIS RIGHT FOOT OFF THE GROUND AND PUT IT BACK DOWN, LIFTED HIS LEFT FOOT OFF THE GROUND AND PUT IT DOWN. AT THE TEN SECOND MARK, THE DEFENDANT PUT HIS FOOT BACK DOWN ON THE GROUND AND ASKED IF HE NEEDED TO LIFT HIS FOOT OFF THE GROUND AGAIN AND START COUNTING WITH THE NUMBER ONE, TO WHICH I ADVISED HIM TO CONTINUE COUNTING FROM THE NUMBER HE LEFT OFF WITH. THE DEFENDANT NEVER WAS ABLE TO PICK HIS FOOT BACK OFF THE GROUND AND MAINTAIN HIS BALANCE EVEN WITH STANDING ON BOTH FEET, THE DEFENDANT HAD TO USE HIS ARMS TO MAINTAIN HIS BALANCE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN THE PARKING LOT OF THE CRYSTAL RIVER CITY HALL AND LOCKED FOR HIS MOTHER TO COME PICK UP PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE THE DEFENDANT BECAME AGITATED, STATING THAT I WAS TAKING HIM TO GUANTANAMO BAY AND THAT NOBODY KNEW WHERE HE WAS GOING. THE DEFENDANT THEN STATED THAT I WAS A "STUPID MOTHER FUCKER AND THAT I WAS VIOLATING HIS UNITED STATES RIGHTS BECAUSE I DID NOT TELL HIS MOTHER WHERE HE WAS GOING AND THAT SHE WOULD NEED TO DRIVE THOUSANDS OF MILES TO GUANTANAMO BAY TO PICK HIM UP. I ADVISED THE DEFENDANT THAT I HAD TOLD HIS MOTHER WHERE HE WAS GOING TO BE, TO WHICH HE YELLED "I WAS A LYING MOTHER FUCKER AND THAT HE HAS RIGHTS, RIGHTS, RIGHTS" AND "THAT I WAS TAKING HIM TO THE MIDDLE OF NOWHERE HUNDREDS OF MILES AWAY FROM CRYSTAL RIVER, BUT THAT HE WAS NOT DISRESPECTING ME, BUT THAT HE KNOWS HIS UNITED STATES RIGHTS". WHEN WE ARRIVED AT THE CITRUS COUNTY DETENTION FACILITY (CCJ) THE DEFENDANT WAS CALM AND ASKED AGAIN IF I TOLD HIS MOTHER WHERE HE WAS AT AND ASKED IF SHE COULD PICK UP HIS TRUCK AND BOND HIM OUT, TO WHICH I ADVISED HIM THAT I HAD SPOKEN WITH HER AND THAT SHE KNOWS WHERE HE IS TO WHICH HE STATED "OK, I JUST NEED TO PEE” THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .203 AND .194. 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, NUMBER 7741XBL1 WITH A MANDATORY COURT APPEARANCE OF 011311 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED WARNING NUMBER 310964B FOR 65 MILES PER HOUR (MPH) IN A 45 MILES PER HOUR (MPH) ZONE BY DEPUTY NOCELLA. "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* |
