| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09109611) 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 061809 AT APPROXIMATELY 2058 HOURS, I RESPONDED TO THE AREA OF HIGHWAY 491 SOUTH AND HOPKINS LANE, IN REFERENCE TO A SUBJECT, THAT WAS DRIVING A PICK-UP ALL OVER THE ROADWAY, AND WAS NOW PASSED OUT ON the EAST SIDE OF THE ROAD FACING NORTH. UPON ARRIVAL, I MADE CONTACT with THE COMPLAINANT WHO ADVISED THAT SHE HAD CALLED 9-1-1 because THE SUBJECT/DEFENDANT, MR JEFFREY NEWHART, IN the BLACK PICK-UP HAD BEEN DRIVING ALL OVER THE ROADWAY, and THEN PULLED OVER ON the SIDE OF THE ROAD AND PASSED OUT. SHE STATED AT THAT TIME, THE DEFENDANT LET HER TAKE THE KEYS OUT OF THE IGNITION SO THAT THEY COULD WAIT FOR THE SHERIFF'S OFFICE TO ARRIVE. THE COMPLAINANT ADVISED THERE WAS BLOOD ALL OVER THE DEFENDANT'S FACE AT THE TIME she APPROACHED THE VEHICLE, AND ANOTHER SUBJECT WHO PULLED UP REMAINED with THE COMPLAINANT AND THE DEFENDANT UNTIL MY ARRIVAL. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS STILL SITTING IN the DRIVER SEAT OF THE VEHICLE, AND HAD BLOOD RUNNING DOWN his FACE FROM the BRIDGE OF HIS NOSE. I ASKED THE DEFENDANT WHAT HAD happened, AND HE STATED THAT HE GOT INTO A FIGHT WITH his FRIENDS AND HE GOT HIS "ASS" KICKED, BUT THAT HE DESERVED IT. WHILE SPEAKING WITH the DEFENDANT, THERE WAS A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND HIS PERSON. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, AT which TIME HE BEGAN LAUGHING AND REPLIED, "YES ONE BEER", AND THEN STATED "NAH MAN YOU KNOW I'VE HAD MORE THAN THAT." AT this TIME, MEDIC SEVEN ARRIVED ON SCENE and CHECKED the DEFENDANT'S INJURIES, TO which HE HAD A MINOR CUT ABOVE HIS NOSE. THEY CLEANED OFF THE DEFENDANT'S FACE AND GAVE HIM A BAND-AID. I THEN ASKED THE DEFENDANT IF HE COULD COMPLETE A FEW FIELD SOBRIETY TASKS, TO WHICH HE LAUGHED AND STATED, "YES". I THEN HELPED THE DEFENDANT WALK TO THE FRONT OF HIS VEHICLE DUE TO THE FACT THAT HE COULD NOT KEEP HIS BALANCE AND WALK STRAIGHT. THE GROUND IN FRONT OF the DEFENDANT'S VEHICLE WAS FLAT AND GRASSY. 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, "YES, I HAVE SOME LEG PROBLEMS". I ASKED HIM IF THAT MEANT HE WOULD HAVE A HARD TIME WALKING OR STANDING ON ONE LEG, AND HE STATED, "YES". I THEN ASKED HIM what HIS HIGHEST LEVEL OF EDUCATION WAS, TO WHICH HE REPLIED, "I GRADUATED IN 1974, AND I AM VERY PROUD OF THAT". I THEN ADVISED THE DEFENDANT THAT, THAT WAS VERY GOOD, AND THAT NOT MANY PEOPLE GRADUATE ANY MORE. THE DEFENDANT THEN REPLIED, "YES". AT WHICH TIME HE STARTED with THE LETTER "A", AND MADE IT THROUGH THE LETTER "G", AT WHICH TIME HE TOOK HIS LEFT HAND AND BEGAN ACTING LIKE HE WAS PLAYING THE GUITAR AND STARTED SINGING A FEW INCOHERENT WORDS, And THEN STATED "DOUBLE O", AND THEN STOPPED. I THEN ASKED THE DEFENDANT IF HE WANTED TO TRY AGAIN, TO which HE REPLIED, "YES", AND THEN STOOD THERE AND JUST STARED AT ME. THE DEFENDANT THEN STARED LAUGHING AND STATED, "YOU GOT ME - JUST TAKE ME TO JAIL". DUE TO THE DEFENDANT'S LARGE BODY FRAME, MYSELF AND DEPUTY RUBY HAD TO USE TWO PAIRS OF HANDCUFFS TO HANDCUFF HIM BEHIND his BACK. HE WAS THEN PLACED IN THE REAR SEAT OF MY PATROL VEHICLE, AND TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, IT TOOK TWO CORRECTIONAL OFFICERS AND I, TO HELP the DEFENDANT out OF THE PATROL VEHICLE. THE DEFENDANT THEN STATED, "I'M SORRY. I SHOULD NOT HAVE BEEN DRIVING DRUNK ANYWAYS". PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON the SIDE OF the ROAD UPON THE OWNER'S REQUEST. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT 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, NUMBER 9863-XCO WITH A MANDATORY COURT APPEARANCE OF 070209 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9864-XCO FOR, REFUSAL TO SUBMIT. *NOT-EXEMPT* |
