| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09110450) 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. ON 081209 AT APPROXIMATELY AT 1750 HOURS, I RESPONDED AS BACK-UP FOR DEPUTY POLLARD ON A TRAFFIC STOP AT SOUTH PALACE PATH and SOUTH SUNCOAST BOULEVARD. UPON MY ARRIVAL, I MADE CONTACT with DEPUTY POLLARD WHO ADVISED THAT HE FOLLOWED THE DEFENDANT IN HIS VEHICLE FROM GROVER CLEVELAND, SOUTH ON SUNCOAST BOULEVARD. HE STATED THAT HE OBSERVED THE VEHICLE SWERVE FROM the OUTSIDE LANE TO THE INSIDE LANE MULTIPLE TIMES, AND THE DEFENDANT THREW HIS LIGHTED CIGARETTE out THE DRIVER SIDE WINDOW AT WHICH TIME IT LANDED ON DEPUTY POLLARD'S PATROL VEHICLE. HE THEN CONDUCTED A TRAFFIC STOP AT SOUTH PALACE PATH and SOUTH SUNCOAST BOULEVARD. DEPUTY POLLARD ADVISED THAT WHEN HE MADE CONTACT WITH THE DEFENDANT, HE COULD DETECT A STRONG ODOR COMING FROM his BREATH WHEN SPEAKING with HIM. I THEN MADE CONTACT WITH the DEFENDANT BEHIND HIS VEHICLE, AND ADVISED HIM that I WAS DEPUTY HOLTZHOUSE, AND ASKED HIM WHY HE WAS STOPPED. THE DEFENDANT EXPLAINED TO ME THAT HE WAS STOPPED because HE THREW HIS CIGARETTE OUT OF THE WINDOW, AND WHILE SPEAKING WITH the DEFENDANT, THERE WAS AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. THE DEFENDANT ALSO SEEMED UNSTABLE ON HIS FEET. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE REPLIED APPROXIMATELY FOUR BEERS A COUPLE OF HOURS AGO. I THEN ADVISED THE DEFENDANT THAT I would BE CONDUCTING FIELD SOBRIETY TASKS DUE TO MY OBSERVATIONS OF HIS UNSTEADINESS AND the ODOR ON HIS BREATH. I THEN HAD the DEFENDANT STEP TO THE SIDE OF HIS VEHICLE WHERE THE GROUND WAS LEVEL. 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 HAD A STROKE APPROXIMATELY ONE YEAR AGO, AND THAT WHEN HE MOVES HIS HEAD UP AND DOWN, HE CAN BECOME UNSTEADY ON HIS FEET. HE DID STATE THAT HE DID NOT HAVE ANY MENTAL DISABILITIES THAT would IMPEDE HIM FROM DOING THE TASKS. TASK ONE, FINGER TO NOSE, THIS TASK WAS EXPLAINED AnD DEMONSTRATED TO the DEFENDANT. I ASKED THE DEFENDANT IF HE UNDERSTOOD MY DIRECTIONS, AND HE STATED YES. I HAD the DEFENDANT TILT HIS HEAD BACK, CLOSE HIS EYES, AND PUT HIS HANDS OUT TO HIS SIDE. I HAD THE DEFENDANT TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH THE DEFENDANT ATTEMPTED TO TOUCH THE TIP OF HIS NOSE BUT TOUCHED HIS UPPER LIP, AND THEN MOVED HIS FINGER TO THE BRIDGE OF HIS NOSE, AND THEN TO THE TIP, AND PLACED HIS HAND BACK OUT. I HAD THE DEFENDANT TAKE HIS LEFT FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH TIME HE TOOK HIS FINGER AND TOUCHED THE BRIDGE OF HIS NOSE, AND THEN MOVED HIS FINGER DOWN TO THE TIP OF HIS NOSE. I THEN HAD the DEFENDANT TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE AGAIN, AT WHICH HE TOUCHED IN-BETWEEN HIS UPPER LIP AND HIS NOSE, AND THEN PRESSED DOWN ON THE TIP OF HIS NOSE AND HELD HIS FINGER THERE FOR APPROXIMATELY FOUR TO FIVE SECONDS, AND THEN REMOVED HIS FINGER. I THEN HAD THE DEFENDANT ATTEMPT TO TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, AT which TIME HE DID AND PRESSED DOWN REAL HARD ON HIS NOSE, AS IF HE WERE TRYING TO CONTINUE TO MOVE HIS FINGER. I HAD THE DEFENDANT THEN TAKE HIS LEFT FINGER AND TOUCH THE TIP OF his NOSE, AT WHICH TIME HE DID, WHILE PRESSING DOWN ON THE TIP OF HIS NOSE REALLY HARD. THE DEFENDANT REPEATED THIS TASK ONE MORE TIME. AT THIS POINT, I ADVISED THE DEFENDANT OF the SECOND TASK, WHERE AS I WOULD BE HAVING HIM STAND ON ONE FOOT, TO WHICH HE IMMEDIATELY REPLIED THAT HE COULD NOT DO THAT. DUE TO the FACT THAT HE would NOT BE ABLE TO MAINTAIN HIS BALANCE. I THEN ASKED THE DEFENDANT IF HE COULD WALK A STRAIGHT LINE, TO WHICH HE REPLIED THAT HE COULD. I THEN STARTED TO EXPLAIN THE WALK AND TURN TASK TO THE DEFENDANT, AT which TIME HE INTERRUPTED ME AND STATED THAT HE COULD NOT WALK WITH ONE FOOT IN FRONT OF THE other. I THEN ASKED HIM IF HE COULD WALK WITH HIS FEET SIDE BY SIDE, TO WHICH HE STATED THAT HE COULD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED HIM IF HE UNDERSTOOD, ANd HE REPLIED, YES HE DID. THE DEFENDANT STARTED WALKING WITH BOTH FEET SIDE BY SIDE, BUT COULD NOT MAINTAIN HIS BALANCE. HE THEN WALKED APPROXIMATELY 15 STEPS, AT WHICH TIME I TOLD HIM TO STOP. I THEN EXPLAINED AND DEMONSTRATED THE TASK TO THE DEFENDANT AGAIN, AND HAD HIM RETRY THE TASK. the DEFENDANT WALKED WITH HIS FEET SIDE BY SIDE, AGAIN LOOSING HIS BALANCE UNTIL HE GOT TO STEP NINE; AT which TIME I ADVISED HIM TO TURN AROUND AND TAKE NINE STEPS BACK. THE DEFENDANT REPEATEDLY LOST HIS BALANCE AND COULD NOT MAINTAIN A STRAIGHT LINE. TASK FOUR, ROMBERG ALPHABET; THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT IF HE COULD SAY his ABC'S A THROUGH Z, TO WHICH HE REPLIED YES HE could. THE DEFENDANT STARTED WITH THE LETTER "A" AND SUCCESSFULLY COMPLETED THE ALPHABET UNTIL HE GOT TO THE LETTER "M", THEN HE JUMPED TO "R" THEN "O", THEN "P", THEN "X AND Y", THEN THE LETTER "M", THEN "N AND O", THEN "R", AND THEN "X AND Y", AND THEN FINISHED WITH THE LETTER "M". TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. WHILE THE DEFENDANT WAS ATTEMPTING TO FOLLOW THE TIP OF THE PEN, HE KEPT MOVING HIS HEAD SIDE TO SIDE AND COULD NOT STAY LOOKING IN ONE POSITION WITHOUT MOVING HIS EYES BACK TOWARDS ME. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER HIS REQUEST. 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 .101 AND .099. 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 3125-XDQ. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNINGS, NUMBERS 295116B AND 295117B. *NOT-EXEMPT* |
