| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11119422) 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(1); ON 021811 AT APPROXIMATELY 1925 HOURS, I RESPONDED AS BACK-UP TO DEPUTY RUBY WHO WAS ON A TRAFFIC STOP. DEPUTY RUBY ADVISED THAT HE WAS DRIVING WESTBOUND ON WEST HALLS RIVER ROAD AND OBSERVED A BLUE BMW TRAVELLING WESTBOUND SPEEDING UP AND SLOWING DOWN SEVERAL TIMES. DEPUTY RUBY THEN ADVISED THAT THE BLUE BMW TURNED RIGHT ON TO WEST RIVERHAVEN DRIVE AT 41 MILES PER HOUR (MPH) AND CONTINUED AT 41 MILES PER HOUR (MPH), WHICH THE SPEED LIMIT IS 30 MILES PER HOUR (MPH) IN THAT AREA. DEPUTY RUBY ADVISED THAT HE HAD ACTIVATED HIS EMERGENCY EQUIPMENT IN AN ATTEMPT TO STOP THE VEHICLE, BUT THE VEHICLE CONTINUED APPROXIMATELY TWO BLOCKS WHERE IT THEN PULLED OVER AT WEST CLUBVIEW DRIVE. DEPUTY RUBY ADVISED THAT HE HAD MADE CONTACT WITH THE ONLY OCCUPANT OF THE VEHICLE WHICH WAS THE DEFENDANT. DEPUTY RUBY ADVISED THAT HE HAD OBTAINED THE DRIVER'S IDENTIFICATION VIA A TEXAS DRIVER'S LICENSE AND ALSO ADVISED THAT THE DEFENDANT WAS CRYING AND HE COULD SMELL AN ODOR OF ALCOHOL EMITTING FROM THE DEFENDANT'S BREATH AND PERSON. I THEN MADE CONTACT WITH THE DEFENDANT, MS KARA RECTUR, AND IMMEDIATELY OBSERVED HER TO BE CRYING. I ASKED HER WHY SHE WAS CRYING TO WHICH SHE DID NOT REPLY. I THEN ASKED HER IF SHE HAD BEEN DRINKING TONIGHT TO WHICH SHE REPLIED "YES". I ASKED THE DEFENDANT IF SHE WOULD STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS TO WHICH SHE STATED "YES". I HAD THE DEFENDANT STEP TO THE BACK OF HER VEHICLE WHERE THE SURFACE WAS SMOOTH AND LEVEL. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE HAS MULTIPLE SCLEROSIS, BUT THAT WOULD NOT KEEP HER FROM DOING THE TASKS. THE DEFENDANT DID HAVE HIGH HEELED SHOES ON TO WHICH I ASKED HER IF SHE WOULD TAKE THEM OFF TO PERFORM THE TASKS AND SHE DID NOT WANT TO TAKE THEM OFF. 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 DID NOT STEP HEEL TO TOE ON ANY OF HER FIRST NINE STEPS. WHEN THE DEFENDANT TURNED TO TAKE NINE STEPS BACK, SHE DID LOOSE HER BALANCE AND HAVE TO STOP TO REGAIN HER COMPOSURE AND BALANCE. THE DEFENDANT THEN ASKED ME IF SHE HAD TO TAKE NINE STEPS BACK TO WHICH I TOLD HER "YES". THE DEFENDANT TOOK NINE STEPS BACK NOT TOUCHING HEEL TO TOE. WHEN THE DEFENDANT GOT TO HER EIGHTH STEP SHE STARTED CRYING AGAIN. I ASKED HER IF SHE WANTED TO STOP AND TAKE A BREATH TO WHICH SHE STATED "NO, THAT TO JUST GIVE HER A "DWI" OR DO WHATEVER I HAD TO DO". I THEN TOLD THE DEFENDANT WE STILL HAD ONE TASK LEFT TO DO WHICH IS THE ONE LEGGED STAND. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HER RIGHT FOOT UP OFF THE GROUND AND IMMEDIATELY FELL ON HER BACK. I HELPED THE DEFENDANT BACK UP, AT WHICH TIME, SHE ASKED IF SHE COULD TAKE HER SHOES OFF TO WHICH I ADVISED HER THAT SHE COULD. I AGAIN EXPLAINED AND DEMONSTRATED THE TASK, AT WHICH TIME, THE DEFENDANT PICKED UP HER RIGHT FOOT AND USING HER ARMS FOR BALANCE COUNTED TO EIGHT AND PUT HER FOOT DOWN AND COULD NOT COMPLETE THE TASK ANY FURTHER. I THEN HAD THE DEFENDANT DO THE WALK AND TURN TASK ONE MORE TIME. I AGAIN EXPLAINED AND DEMONSTRATED THE TASK WHICH THE DEFENDANT AGAIN DID NOT TOUCH HEEL TO TOE AND WHILE WALKING HER FIRST NINE STEPS, SHE ASKED IF SHE HAD TO TURN AROUND AND TAKE NINE STEPS BACK, TO WHICH I ADVISED HER THAT SHE DID. THE DEFENDANT TURNED AND TOOK FOUR STEPS BACK AND LOST HER BALANCE FALLING TO THE RIGHT. WHEN THE DEFENDANT REGAINED HER BALANCE, SHE TOOK FIVE MORE STEPS BACK AND FINISHED THE TASK. THE DEFENDANT WAS VERY UNSTEADY ON HER FEET AND WHEN TAKING STEPS DID A CRISSCROSS PATTERN WITH EACH STEP. 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 ADAM'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .227 AND .225. 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 7745XBL5 WITH A MANDATORY COURT APPEARANCE ON 031011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. REFER TO DEPUTY RUBY'S SUPPLEMENT IN REFERENCE TO A UNIFORM TRAFFIC CITATION (UTC) AND WARNING ISSUED. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
