Date of birth: | Jun 3, 1972 |
Probable cause affidavit: | SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09109615) 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 061909, MYSELF, AND DEPUTY RUBY CONDUCTED A TRAFFIC STOP ON A BROWN VAN FOR AN EXPIRED TAG. AFTER ACTIVATING MY EMERGENCY LIGHTS THE VAN PULLED OVER IN THE AREA OF GREEN ACRES AND HIGHWAY 19. THE DEFENDANT EXITED THE DRIVER'S SIDE DOOR AND STUMBLED AROUND TO THE PASSENGER SIDE OF THE VEHICLE. AT THIS TIME I MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM OF WHY WE WERE STOPPING HIM TO WHICH HE STATED HE DID NOT SPEAK MUCH ENGLISH. WHILE SPEAKING WITH THE DEFENDANT THERE WAS A STRONG ODOR OF ALCOHOL BEVERAGE EMITTING FROM HIS BREATH, AND HE HAD TO HOLD ON TO THE SIDE OF THE VEHICLE TO KEEP FROM FALLING DOWN. AT THIS TIME I HAD DEPUTY CRUZ RESPOND TO MY LOCATION SO HE COULD INTERPRET FOR ME. DEPUTY CRUZ ARRIVED ON SCENE, AT WHICH TIME I THEN HAD HIM ADVISE THE DEFENDANT THAT I BELIEVED HIM TO BE UNDER THE INFLUENCE OF ALCOHOL AND THAT I WOULD BE CONDUCTING 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, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT WAS ASKED TO TAKE HIS RIGHT FINGER AND TOUCH HIS NOSE. THE DEFENDANT TOOK HIS RIGHT FINGER AND TOUCHED HIS UPPER LIP, AND DID NOT REMOVE IT UNTIL I INSTRUCTED HIM TO. I THEN INSTRUCTED HIM TO TAKE HIS RIGHT FINGER AGAIN AND TOUCH THE TIP OF HIS NOSE; HE AGAIN TOUCHED HIS LIP AND PUT HIS FINGER BACK. I THEN INSTRUCTED HIM TO TAKE HIS LEFT FINGER AND TOUCH HIS NOSE AT WHICH TIME HE DID NOT COMPLY WITH MY INSTRUCTIONS. WHILE THE DEFENDANT WAS ATTEMPTING TO DO THESE TASKS I HAD TO CONTINUOUSLY HOLD HIM TO KEEP FROM FALLING. TASK TWO, ONE LEG STAND THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT COULD NOT RAISE HIS RIGHT FOOT AND HE JUST GAVE UP. I HAD THE DEFENDANT ATTEMPT TO DO IT AGAIN TO WHICH HE JUST SHOOK HIS HEAD. AT THIS POINT THE DEFENDANT STATED TO DEPUTY CRUZ THAT HE HAD APPROXIMATELY EIGHT BEERS. TASK THREE, WALK AND TURN THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT TOOK HIS RIGHT FOOT AND ATTEMPTED TO PUT IT IN FRONT OF HIS LEFT FOOT, BUT COULD NOT REMAIN HIS BALANCE AND TURN HIS FOOT AT A 90 DEGREE ANGLE AND TURN HIS RIGHT FOOT TO THE FRONT OF HIS LEFT FOOT. THE DEFENDANT THEN TOOK HIS LEFT FOOT AND ATTEMPTED TO PUT IT IN FRONT OF HIS RIGHT BUT COULD NOT MAINTAIN HIS BALANCE AND STATED "OH SHIT" AT WHICH TIME THE DEFENDANT STARTED LAUGHING AND COULD NOT PERFORM THE TASK ANY FURTHER. THE DEFENDANT THEN STATED TO DEPUTY CRUZ THAT HE HAD BEEN ARRESTED IN TEXAS FOR A DUI. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY RUBY TO BE TOWED BY ADAM'S 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 .235 AND .254. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, NUMBER 9866-XCO, WITH A MANDATORY COURT APPEARANCE OF 070209 AT 1:00 PM AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9747-FEW, FOR ATTACHED TAG NOT ASSIGNED, WITH A MANDATORY COURT APPEARANCE OF 070209 AT 1:00 PM, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO GIVEN FLORIDA UNIFORM TRAFFIC CITATION NUMBER 9748-FEW FOR NO DRIVER'S LICENSE WITH A MANDATORY COURT APPEARANCE OF 070209 AT 1:00 PM AND WAS ALSO ISSUED UNIFORM TRAFFIC CITATION 9750-FEW FOR AN EXPIRED TAG WITH A FIND OF $71.50. *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Jun 19, 2009 |
Booking number: | 09109615 |
Booking location: | Citrus County, FL |
Code: | 316.193(1) |
Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $500 |