| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR12-3770) 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; DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY/ PERSON OF ANOTHER, TO WIT: THE DEFENDANT DID STRIKE THE VICTIMâS VEHICLE, CAUSING INJURY TO THEM, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS/HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY/PERSON OF ANOTHER, TO WIT: THE DEFENDANT DID STRIKE THE VICTIMâS VEHICLE, CAUSING INJURY TO THEM, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON 120912, I RESPONDED TO THE INTERSECTION OF WEST GULF TO LAKE HIGHWAY/STATE ROAD 44 AND SOUTH LECANTO HIGHWAY/COUNTY ROAD 491, IN REFERENCE TO A TRAFFIC ACCIDENT WHICH HAD JUST OCCURRED. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY NEWTON, WHO ADVISED THAT THE VICTIMâS VEHICLE HAD BROKEN DOWN ON THE INSIDE LANE OF THE ROADWAY. SHE ADVISED THAT THIS VEHICLE HAD HAD NO LIGHTS ON, BUT THAT THE WITNESSâS VEHICLE HAD BEEN PARKED NEXT TO IT, WITH ITS EMERGENCY LIGHTS ON, AND THE INTERSECTION WAS LIT AND VISIBLE. DEPUTY NEWTON ADVISED THAT THE DEFENDANT HAD BEEN TRAVELING EASTBOUND ON THE INSIDE LANE OF WEST GULF TO LAKE HIGHWAY, AND HAD STRUCK THE REAR OF THE VICTIMâS VEHICLE, WHICH SENT THE VICTIMâS VEHICLE ACROSS ALL LANES OF TRAFFIC, ON TO THE EAST SIDE OF WEST GULF TO LAKE HIGHWAY AND SOUTH LECANTO HIGHWAY. I THEN MADE CONTACT WITH CAPTAIN LANCE POTTER, WITNESS, FROM THE CITRUS COUNTY FIRE DEPARTMENT. HE ADVISED THAT HE WAS IN THE PARKING LOT OF THE SHELL GAS STATION, WHICH IS DIRECTLY ACROSS FROM WHERE THE ACCIDENT HAD TAKEN PLACE. THE WITNESS STATED THAT THE WITNESSES WERE ATTEMPTING TO JUMP THE VICTIMâS VEHICLE, AND THEY HAD THEIR EMERGENCY LIGHTS ON. HE ADVISED THAT THE DEFENDANTâS VEHICLE HAD TRAVELED UP BEHIND THE VICTIMâS VEHICLE, STRIKING IT IN THE REAR. I THEN MADE CONTACT WITH VICTIM, MR EDWARD LLOYD, III. MR LLOYD ADVISED THAT HIS VEHICLE HAD BROKEN DOWN IN THE ROADWAY, AND THAT THE SECOND VICTIM, HIS PASSENGER, MS KATHY BLANCHFELD, HAD BEEN SITTING IN THE PASSENGERâS SIDE FRONT SEAT. HE ADVISED THAT THEY WERE TRYING TO JUMP HIS VEHICLE TO START IT TO GET IT BACK HOME. MR LLOYD ADVISED THAT HE GOT BACK IN TO HIS VEHICLE TO TRY AND START IT, AT WHICH TIME HE AND HIS PASSENGER WERE STRUCK BY THE DEFENDANTâS VEHICLE STRIKING THEM FROM BEHIND. I THEN MADE CONTACT WITH THE DEFENDANT, MR JOHN HENRY BURNS, III. THE DEFENDANT ADVISED THAT HE HAD BEEN TRAVELLING EASTBOUND ON WEST GULF TO LAKE HIGHWAY, AND HAD BEEN APPROACHING THE INTERSECTION OF SOUTH LECANTO HIGHWAY. THE DEFENDANT ADVISED THAT HE HAD NOT SEEN THE VICTIMâS VEHICLE WITH ITS LIGHTS OFF STOPPED IN THE ROADWAY, ALTHOUGH THE INTERSECTION HAD BEEN LIT. THE DEFENDANT ADVISED THAT HE COULD NOT STOP IN TIME TO PREVENT HIS VEHICLE FROM HITTING THE VICTIMâS VEHICLE, AND STRUCK IT. WHILE SPEAKING WITH THE DEFENDANT, I COULD IMMEDIATELY DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM HIS BREATH. THE DEFENDANT TOLD ME REPEATEDLY THROUGHOUT OUR INTERACTIONS THAT IT WAS NOT HIS FAULT, STATING THIS APPROXIMATELY SEVEN TIMES. THE DEFENDANT CONTINUALLY STATED THAT HE HAD NOT SEEN THE VEHICLE. WHILE I WAS SPEAKING WITH THE DEFENDANT, HE HAD TO LEAN AGAINST HIS VEHICLE TO MAINTAIN HIS BALANCE WHILE STANDING. I THEN ADVISED THE DEFENDANT THAT I WAS NOW SWITCHING FROM CONDUCTING A VEHICLE ACCIDENT INVESTIGATION, TO CONDUCTING A CRIMINAL INVESTIGATION REFERENCE DRIVING UNDER THE INFLUENCE. I ASKED THE DEFENDANT IF HE UNDERSTOOD THIS, TO WHICH HE ADVISED THAT HE DID. I THEN ASKED THE DEFENDANT TO STEP TO THE FRONT OF MY VEHICLE, TO PERFORM FIELD SOBRIETY TESTING. THE DEFENDANT AGREED TO DO SO. WHILE WALKING TOWARDS THE FRONT OF MY VEHICLE, THE DEFENDANT STATED THAT HE HAD BEEN AT ROCK CRUSHER CANYON THIS EVENING, AND HAD DRANK ONE BEER. HE STATED THAT HE HAD WAITED OVER AN HOUR, AND AGAIN STATED THAT THE ACCIDENT HAD NOT BEEN HIS FAULT. 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/SHE 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 ATTEMPTED TO TAKE FIVE STEPS, AT WHICH TIME I ADVISED THE DEFENDANT THAT HE NEEDED TO LOOK DOWN AT HIS FEET WHEN WALKING. THE DEFENDANT ATTEMPTED THIS TASK AGAIN, AND HE TOOK FOUR STEPS, NOT TOUCHING HEEL TO TOE, AT WHICH TIME HE STOPPED, AND STATED THAT HE WAS NOT GOING TO CONTINUE THIS TASK. I ADVISED THE DEFENDANT WHAT WOULD HAPPEN IF HE REFUSED THE FIELD SOBRIETY TESTS, OR ANY OTHER TASK, TO WHICH HE STATED âI KNOW, I DONâT CARE; JUST ARREST ME.â AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF DEPUTY NEWTONâS PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. THE VICTIMâS VEHICLE WAS TOWED BY ADAMâS TOWING 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 WITH THE TEST RESULTS BEING. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, AND TWO COUNTS OF DRIVING UNDER THE INFLUENCE WITH PERSONAL INJURY/PROPERTY DAMAGE, WITH A TOTAL OF $1,000.00 BOND SET, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, BEARING NUMBER 7188XGAX, FOR DUI WITH PROPERTY DAMAGE/PERSONAL INJURY, WITH A MANDATORY COURT APPEARANCE OF 010313 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, BEARING NUMBER 7189XGAX, FOR DUI WITH PROPERTY DAMAGE/PERSONAL INJURY, WITH A MANDATORY COURT APPEARANCE OF 01313 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, BEARING NUMBER 790XGA4, FOR DUI, WITH A MANDATORY COURT DATE OF 010313 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, BEARING 7712WLQX, FOR CARELESS DRIVING, WITH A FINE OF $166.00,PAYABLE WITHIN THIRTY DAYS TO THE CITRUS COUNTY CLERK OF COURTS. |
