| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-7272) 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. DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT HIT A 2008 GREY BMW CAUSING OVER $1,000.00 IN DAMAGE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON 091313, I RESPONDED TO SEVEN RIVERS HOSPITAL LOCATED AT 6201 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER, IN REFERENCE TO A VEHICLE ACCIDENT IN THE PARKING LOT. UPON MY ARRIVAL, I MADE CONTACT WITH HEAD ER (EMERGENCY ROOM) NURSE KATRINA, WHO ADVISED THAT THE DEFENDANT WAS DRIVING HER SILVER DODGE CARAVAN THROUGH THE PARKING LOT, NEAR THE ER AMBULANCE ENTRANCE AND STRUCK A DOCTORâS GREY 2008 BMW IN THE REAR. SHE ADVISED THAT EMS (EMERGENCY MEDICAL SERVICES) MEDIC UNIT 125 WAS TRANSPORTING THE DEFENDANTâS MOTHER TO THE HOSPITAL AND THE DEFENDANT TRIED FOLLOWING THEM INTO THE ER AMBULANCE ENTRANCE, WHERE SHE STRUCK THE VEHICLE. THE DEFENDANT KEPT DRIVING, PARKED HER VEHICLE AND CAME INTO THE ER TO BE WITH HER MOTHER. KATRINA ADVISED THAT THE DEFENDANT HAD A HARD TIME STANDING, WAS SLURRING HER SPEECH AND APPEARED TO BE INTOXICATED. KATRINA ADVISED THAT WHEN SHE ASKED THE DEFENDANT ABOUT THE ACCIDENT THE DEFENDANT STATED, WELL I DONâT KNOW ABOUT THE ACCIDENT AND THEN STATED, WELL I DO KNOW ABOUT THE ACCIDENT BUT THE DAMAGE WAS ALREADY THERE. KATRINA ADVISED THAT SHE COULD DETECT A STRONG ODOR OF AN ALCOHOL BEVERAGE EMITTING FROM THE DEFENDANTâS BREATH WHEN SHE WAS TALKING TO HER. KATRINA THEN HAD THE DEFENDANT SIT IN ER ROOM 3 WITH HER MOTHER UNTIL I ARRIVED ON SCENE. I THEN MADE CONTACT WITH THE DEFENDANT IN ROOM 3, ADVISED HER WHO I WAS AND ASKED HER TO STEP OUTSIDE OF THE HOSPITAL AND SPEAK WITH ME REGARDING THE ACCIDENT. THE DEFENDANT STATED THAT SHE WOULD, SO SHE WALKED OUTSIDE AND WHILE WALKING HAD A HARD TIME MAINTAINING HER BALANCE AND WALKING STRAIGHT. ONCE OUTSIDE, I ASKED THE DEFENDANT ABOUT WHAT HAPPENED WITH THE ACCIDENT, TO WHICH SHE STATED, I WAS TOLD I HIT ANOTHER VEHICLE SOâ¦, AND THEN SHE DID NOT FINISH HER SENTENCE. I THEN ASKED THE DEFENDANT WHERE HER VEHICLE WAS AND SHE STATED THAT SHE COULD NOT REMEMBER. I WALKED WITH THE DEFENDANT AROUND THE HOSPITAL PARKING LOT ATTEMPTING TO LOCATE HER VEHICLE. THE DEFENDANT STATED THAT IT WAS A SILVER VAN WITH A THING ON TOP AND THE LICENSE PLATE NUMBER HAD THE CHARACTERS J, 3 AND X IN IT. I EVENTUALLY LOCATED THE DEFENDANTâS VEHICLE IN THE NORTHWEST PARKING LOT, WHICH DID HAVE DAMAGE ON THE RIGHT SIDE. AT THAT TIME, I ADVISED THE DEFENDANT THAT I WOULD BE GOING FROM AN ACCIDENT INVESTIGATION TO A DUI (DRIVING UNDER THE INFLUENCE) INVESTIGATION, TO WHICH SHE STATED THAT SHE UNDERSTOOD. 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 HIS/HER EYES. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW MY INSTRUCTIONS, REPEATEDLY TURNING HER HEAD FROM LEFT TO RIGHT. I REPEATEDLY HAD TO TELL THE DEFENDANT TO KEEP HER HEAD STILL AND FOLLOW THE TIP OF MY PEN WITH HER EYES ONLY. THE DEFENDANT STILL DID NOT FOLLOW MY INSTRUCTIONS AND DID NOT PASS THIS TASK. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, WITH EACH NUMBER SHE COUNTED, THE DEFENDANT PICKED HER FOOT UP AND PUT IT BACK DOWN ON THE PAVEMENT AS IF SHE WAS MARCHING. SHE GOT TO NUMBER 17, STOPPED AND LOOKED AT ME. THE DEFENDANT DID NOT FOLLOW MY INSTRUCTIONS AND DID NOT COMPLETE THIS TASK. THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK WIDE STEPS UNTIL SHE GOT TO STEP NUMBER 9 AND THEN STOPPED, AT WHICH TIME I HAD TO TELL THE DEFENDANT TO TURN AROUND AND TAKE NINE STEPS BACK. SHE NEVER TOUCHED HEEL TO TOE ON ANY STEPS , WAS UNSTEADY ON HER FEET AND DID NOT COMPLETE THIS TASK AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS ADVISED THAT SHE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED, (DOUBLE LOCKED) BEHIND HER BACK. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. I ASKED THE DEFENDANT IF SHE WOULD SPEAK WITH ME, TO WHICH SHE STATED NO, UNLESS YOU ASKED ME A QUESTION. I THEN ASKED HER HOW MUCH SHE HAD TO DRINK TODAY AND SHE STATED A PINT. I ASKED HER, A PINT OF WHAT, AND SHE STATED VODKA. I ASKED HER WHEN SHE STARTED DRINKING, TO WHICH SHE STATED NOON. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN THE PARKING LOT AND HER KEYS WERE GIVEN TO HER DAUGHTER STEPHANIE, WHO HAD ARRIVED ON SCENE. THE DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF DEPUTY L CAREYâS PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .192 AND .198. THE DEFENDANT WAS ALSO READ HER MIRANDA WARNINGS. THE DEFENDANT WAS CHARGED WITH DUI AND DUI WITH PROPERTY DAMAGE WITH A TOTAL BOND OF $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7284-XGA9, FOR DUI WITH PROPERTY DAMAGE, AND ALSO ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7283-XGA9, BOTH WITH A MANDATORY COURT APPEARANCE OF 101013 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7536WQB, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS. |
