| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11122133) 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; ON 8/07/2011 AT APPROXIMATELY 2005 HOURS, I WAS NORTHBOUND ON HIGHWAY 491 CONDUCTING TRAFFIC ENFORCEMENT IN THE CONSTRUCTION ZONE IN THE AREA OF HIGHWAY 491 AND HORACE ALLEN. THE SPEED LIMIT ON HIGHWAY 491 IS 40 MILES PER HOUR. I DID OBSERVE A GREY IN COLOR FOUR DOOR VEHICLE SOUTH BOUND ON HIGHWAY 491, WHICH I ESTIMATED A SPEED OF 58 MILES PER HOUR. I ACTIVATED MY MPH PYTHON RADAR AND RECEIVED A HIGH AUDIO DOPPLER TONE AND READ OUT OF 55 MILES PER HOUR IN THE TARGET SPEED BOX. I THEN ACTIVATED MY EMERGENCY EQUIPMENT AT THAT TIME, I TURNED AROUND ON THE VEHICLE. THE VEHICLE STOPPED ON HORACE ALLEN WHICH IS ON THE WEST SIDE OF HIGHWAY 491. I MADE CONTACT WITH THE DRIVER/DEFENDANT MS MARJORIE MCELMURRAY, AND ADVISED HER OF WHY I HAD STOPPED HER. THE DEFENDANT ADVISED THAT SHE WORKS CONSTRUCTION IN THAT AREA AND KNOWS THAT THE SPEED LIMIT IS 40 MILES PER HOUR. WHILE SPEAKING WITH THE DEFENDANT I COULD DETECT A ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH WHEN SHE SPOKE. THE DEFENDANTS EYES WERE NARROW AND BARELY OPEN. I WENT BACK TO MY PATROL VEHICLE AND CONDUCTED A DRIVERS LICENSE CHECK THROUGH NCIC/FCIC. I THEN RETURNED TO THE DEFENDANT'S VEHICLE AND HAD THE DEFENDANT STEP OUT OF HER VEHICLE AND COME BACK TO MY PATROL VEHICLE. THE DEFENDANT WAS UNSTEADY ON HER FEET AND USED HER CAR TO MAINTAIN HER BALANCE. I THEN ADVISED THE DEFENDANT THAT I COULD DETECT A ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH. I ASKED THE DEFENDANT IF SHE HAD ANYTHING TO DRINK TODAY, TO WHICH SHE STATED THAT SHE HAD AND JUST LEFT A BARBEQUE WHERE SHE HAD BEEN DRINKING. THE DEFENDANT STATED THAT SHE HAD ONLY 2 BEERS AND THAT SHE KNOWS EVERYONE SAYS THAT. I ASKED THE DEFENDANT IF SHE WOULD PERFORM STANDARDIZED FIELD SOBRIETY TASKS TO WHICH SHE STATED SHE WOULD. 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. THERE WAS ONSET ON NYSTAGMUS PRIOR TO 45 DEGREES AND AT MAXIMUM DEVIATION. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD DIFFICULTY MAINTAINING HER BALANCE DURING HER FIRST NINE STEPS. THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON HER FIFTH AND SEVENTH STEP. THE DEFENDANT DID NOT LOOK DOWN AT HER FEET WHEN TAKING HER STEP BUT LOOKED UP AND AHEAD OF HER. WHEN THE DEFENDANT TOOK HER NINTH STEP, SHE TWIRLED AROUND AND LOST HER BALANCE. THE DEFENDANT REGAINED HER BALANCE AND ATTEMPTED TO TAKE NINE STEPS BACK. THE DEFENDANT DID NOT COUNT HER STEPS OUT LOUD AS INSTRUCTED AND TOOK TEN STEPS BACK INSTEAD OF NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THE TASK BEFORE BEING INSTRUCTED TO DO SO. THE DEFENDANT DID NOT LOOK DOWN AT HER FOOT UNTIL I INSTRUCTED HER TO DO SO. THE DEFENDANT DID NOT COUNT HER STEPS OUT LOUD, BUT ONLY WHISPERED HER NUMBERS. THE DEFENDANT COUNTED TO THE NUMBER SEVENTEEN AND AT THAT TIME WAS INSTRUCTED TO STOP DUE TO THE 30 SECONDS ALLOTTED FOR THIS TASK WAS COMPLETE. 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 A FRIEND, MR JUSTIN FITZGERALD, PER THE DEFENDANTS REQUEST. 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 .143 AND .149. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA CRIMINAL DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7113XGA2 WITH A MANDATORY COURT APPEARANCE ON 08/25/2011 AT 13:00 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A WARNING, NUMBER 337916B, FOR TRAVELING 55 MILES PER HOUR IN A 40 MILE AN HOUR ZONE. "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* |
