| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10115784) 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(1). ON 071210 AT APPROXIMATELY 0312 HOURS DEPUTY O'MELIAN WAS TRAVELING EASTBOUND ON FORT ISLAND TRAIL BEHIND A DARK GREY PICK-UP. DEPUTY O'MELIAN OBSERVED THE VEHICLE TO BE SWERVING IN AND OUT IN THE EASTBOUND LANE, FAILING TO MAINTAIN A SINGLE LANE. DEPUTY O'MELIAN ADVISED THAT WHEN THE VEHICLE WENT AROUND THE CORNER IT WENT IN TO THE WESTBOUND LANE AND THEN BACK INTO THE EASTBOUND LANE. AT THIS TIME, DEPUTY O'MELIAN ACTIVATED HIS EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE AFOREMENTIONED VEHICLE. AT THIS POINT, I ARRIVED AS BACKUP FOR DEPUTY O'MELIAN AND MADE CONTACT WITH THE DEFENDANT, MR JOSHUA RUSTEK, WHO WAS THE DRIVER OF THE VEHICLE. I IMMEDIATELY OBSERVED THE DEFENDANT TO BE WEARING NOTHING BUT BOXER SHORTS AND TO BE PUFFING ON AN UNLIT CIGARETTE. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND WHICH HE DID UPON MY REQUEST. I IMMEDIATELY OBSERVED THAT THE DEFENDANT HAD A HARD TIME MAINTAINING HIS BALANCE AND HIS EYES WERE GLOSSED OVER AND HEAVILY DILATED. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TONIGHT, DUE TO HIS MANNER OF DRIVING, TO WHICH HE ADVISED HE DID NOT HAVE ANYTHING. WHEN THE DEFENDANT REPLIED TO MY QUESTION, I COULD IMMEDIATELY DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. I THEN ADVISED THE DEFENDANT THAT I WOULD BE PERFORMING FIELD SOBRIETY TASKS TO WHICH HE STATED "OK". 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. WHILE THE DEFENDANT WAS PERFORMING THIS TASK HE SWAYED TO THE RIGHT AND LEFT AND BACK AND FORTH. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WHEN INSTRUCTED TO START TAKING NINE STEPS DID NOT TOUCH HEEL TO TOE AND PUT HIS RIGHT AND LEFT ARM VERTICALLY TO THE SIDE TO MAINTAIN HE BALANCE. ON THE FIFTH STEP THE DEFENDANT LOST HIS BALANCE HAD TO STOP AND COMPOSE HIMSELF. WHEN THE DEFENDANT GOT TO STEP NUMBER NINE, HE ASKED IF HE WAS DONE, TO WHICH I ADVISED HIM TO TAKE NINE STEPS BACK. THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON THE NINE STEPS BACK AND AGAIN USED HIS ARMS TO BALANCE HIMSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATEDLY PUT HIS RIGHT FOOT DOWN AND WHEN COUNTING REACHED THE NUMBER 14 AND STOPPED AND STARTED AT 11 AGAIN. THE DEFENDANT REPEATED THIS TWICE AND COULD NOT KEEP FROM PUTTING HIS RIGHT FOOT DOWN 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 O'MELIAN TO BE PICKED UP BY THE REGISTERED OWNER. 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 .222 AND .213. 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 2335-XBG-7 WITH A MANDATORY COURT APPEARANCE ON 072910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1796-FYA-4 , FOR DRIVER'S LICENSE NOT CARRIED WITH A $113.00 FINE AND UNIFORM TRAFFIC CITATION (UTC) CITATION NUMBER 1797-FYA-5 FOR FAIL TO DRIVE IN SINGLE LANE, FINE 166.00 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
