| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10115241) 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 060710 I RESPONDED TO SOUTH HALO HILLS TERRACE AND SOUTH LECANTO HIGHWAY, TO BACK UP DEPUTY RUBY ON A TRAFFIC STOP. DEPUTY RUBY ADVISED THAT HE HAD RESPONDED TO A CALL OF A BLACK GMC PICKUP TRUCK THAT WAS SOUTHBOUND ON SOUTH LECANTO HIGHWAY WEAVING ALL OVER THE ROADWAY. DEPUTY RUBY ADVISED HE PULLED IN BEHIND THE BLACK GMC PICKUP TRUCK IN THE AREA OF GROVER CLEVELAND BOULEVARD AND OBSERVED IT TO BE WEAVING IN AND OUT OF ITS LANE. DEPUTY RUBY ADVISED THE VEHICLE WAS IN THE RIGHT HAND TURN LANE, AS IF HE WAS GOING TO TURN RIGHT ONTO GROVER CLEVELAND BOULEVARD BUT, INSTEAD TURNED LEFT INTO THE THRU LANE ON SOUTH LECANTO HIGHWAY. DEPUTY RUBY ADVISED AT THAT TIME HE ACTIVATED HIS EMERGENCY LIGHTS TO CONDUCT A TRAFFIC STOP BUT THE DEFENDANT KEPT DRIVING APPROXIMATELY A HALF A MILE, NOT ATTEMPTING TO PULL OVER UNTIL SOUTH HALO HILLS TERRACE, AT WHICH TIME THE VEHICLE TURNED RIGHT WITH THE LEFT TURN SIGNAL ON AND APPEARED THAT THE DRIVER WAS ATTEMPTING TO HIDE SOMETHING. DEPUTY RUBY ADVISED HE MADE CONTACT WITH THE DEFENDANT AND DID FIND AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE, AT WHICH POINT I DID THEN ARRIVE ON SCENE. THE DEFENDANT WAS STANDING OUTSIDE OF HIS VEHICLE WHEN I MADE CONTACT WITH HIM. I ADVISED HIM OF WHO I WAS AND THAT, DUE TO THE FACT THAT HIS DRIVING PATTERN WAS ERRATIC AND HIS EYES WERE GLOSSY, AND BECAUSE HE APPEARED TO BE HAVING DIFFICULTY MAINTAINING HIS BALANCE, I WOULD BE CONDUCTING FIELD SOBRIETY TASKS, TO WHICH HE STATED, "OKAY." 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, BUT THAT HE HAD A SORE BACK, BUT THAT IT WOULD NOT IMPEDE HIS ABILITY TO PERFORM THE TASKS. 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. WHILE THE DEFENDANT WAS PERFORMING THIS TASK, HE COULD NOT KEEP FROM MOVING HIS HEAD BACK AND FORTH, EVEN AFTER BEING INSTRUCTED A SECOND TIME TO FOLLOW ONLY WITH HIS EYES AND NOT WITH HIS HEAD, TO WHICH HE STATED HE UNDERSTOOD, BUT FAILED TO DO SO AS INSTRUCTED. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, WHEN THE DEFENDANT WAS INSTRUCTED TO START THE TASK, HE LIFTED HIS RIGHT FOOT APPROXIMATELY ONE FOOT OFF THE GROUND WITH HIS KNEE BENT IN THE AIR AND COUNTED TO TEN. HE THEN PUT HIS FOOT DOWN, AND WHILE DOING SO THE DEFENDANT HAD TO USE BOTH OF HIS ARMS TO KEEP HIS BALANCE, AND THEN ASKED YOUR AFFIANT IF HE HAD TO KEEP GOING. I INSTRUCTED HIM THAT IT WAS A TIMED TASK AND TO KEEP PERFORMING THE TASK UNTIL I TOLD HIM TO STOP. THE DEFENDANT REPEATEDLY PUT HIS FOOT DOWN AND THEN COULD NOT MAINTAIN HIS BALANCE WITHOUT EXTENDING HIS ARMS BEYOND SIX INCHES FROM HIS SIDES. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, WHILE TAKING HIS FIRST NINE STEPS, HAD TO USE HIS ARMS TO STEADY HIMSELF AND STOPPED REPEATEDLY TO REGAIN HIS BALANCE. WHEN THE DEFENDANT GOT TO STEP NINE HE TURNED AROUND AND ASKED IF HE HAD TO WALK BACK NINE MORE STEPS, TO WHICH I INSTRUCTED HIM THAT YES HE DID. WHEN THE DEFENDANT WAS TAKING HIS NINE STEPS BACK, HE LOST HIS BALANCE ON THE FOURTH AND FIFTH STEP, AS WELL AS THE SEVENTH STEP. THE DEFENDANT AGAIN HAD TO USE HIS ARMS TO STEADY HIMSELF AND STOPPED NUMEROUS TIMES TO REGAIN HIS BALANCE. 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 RUBY TO BE TOWED BY ADVANCED 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 TEST RESULTS BEING 0.00. 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 3132-XDQ-X WITH A MANDATORY COURT APPEARANCE OF 062410 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8782-FRY-6, FOR OPEN CONTAINER, WITH A $113.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. DEFENDANT WAS ISSUED WARNING NUMBER 297725-B FOR IMPROPER LANE CHANGE. . *NOT-EXEMPT* |
