| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN (AR10115769) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 071110 AT APPROXIMATELY 0200 HOURS DEPUTY HUGHES STOPPED A WHITE DODGE VEHICLE THAT WAS TRAVELING EASTBOUND ON HIGHWAY 44, FOR HAVING NO TAG LIGHT. I ARRIVED AS BACK UP TO DEPUTY HUGHES AND MADE CONTACT WITH THE DRIVER AND HAD HER STEP OUT OF THE VEHICLE TO ADVISED HER THAT THERE WAS NO TAG LIGHT ON THE VEHICLE, AT WHICH POINT SHE STATED SHE WAS JUST TRYING TO GET HOME. WHILE SPEAKING WITH THE DEFENDANT, THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH AND SHE HAD TO USE HER VEHICLE TO HELP HER MAINTAIN HER BALANCE. I ADVISED HER AT THIS TIME THAT I WOULD BE CONDUCTING A FIELD SOBRIETY TEST, TO WHICH SHE STATED OKAY. 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 DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH 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 FOLLOWING THE TIP OF THE PEN, THE DEFENDANT CONTINUALLY MOVED HER HEAD, EVEN AFTER BEING INSTRUCTED TO FOLLOW ONLY WITH HER EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE EXPLAINING THE TASK TO THE DEFENDANT, SHE COULD NOT MAINTAIN HER BALANCE, CONTINUALLY TAKING A STEP TO THE SIDE TO REGAIN HER BALANCE. DURING THIS TASK, ON STEP THREE AND FOUR THE DEFENDANT DID NOT STEP HEEL TO TOE, AS WELL AS STEP SIX AND SEVEN, SHE DID NOT TOUCH HEEL TO TOE EITHER. WHEN THE DEFENDANT TURNED AROUND ON STEP NINE SHE LOST HER BALANCE AND FELL AGAINST THE BUMPER OF HER VEHICLE. WHILE TAKING HER NINE STEPS BACK, THE DEFENDANT STOPPED AT STEP FIVE TO REGAIN HER BALANCE AND DID NOT COUNT ANY OF THE STEPS OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CONTINUOUSLY PUT HER RIGHT FOOT DOWN AND COUNTED EXCEEDINGLY FAST. WHEN THE DEFENDANT GOT TO NUMBER TEN, SHE STARTED OVER AT NUMBER ONE AND SHE REPEATED THIS PROCESS TWICE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE PASSENGER. 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 .117 AND .116. 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 2334-XBF-6, WITH A MANDATORY COURT APPEARANCE OF 072910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2031-GJX-7, FOR NO PROOF OF INSURANCE, BY DEPUTY HUGHES, WITH A $113.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO GIVEN A WARNING FOR HAVING NO TAG LIGHT. *NOT-EXEMPT* |
