| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11122798) 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 9/18/2011 AT APPROXIMATELY 0225 HOURS, I RESPONDED AS BACK UP TO DEPUTY HUGHES, WHO WAS ON A TRAFFIC STOP. UPON MY ARRIVAL, DEPUTY HUGHES ADVISED HE OBSERVED THE DEFENDANT'S VEHICLE TRAVELING WESTBOUND ON WEST GROVER CLEVELAND BOULEVARD AND IT HAD A HEAD LIGHT OUT. DEPUTY HUGHES ADVISED THAT HE TURNED AROUND ON THE VEHICLE AND ACTIVATED HIS EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE DEFENDANT'S VEHICLE ON OHIO STREET JUST NORTH OF WEST GROVER CLEVELAND BOULEVARD. I THEN MADE CONTACT WITH THE DEFENDANT, MR MARK HOPPE, WHO WAS STILL BEHIND THE STEERING WHEEL IN THE DRIVER'S SEAT. I ASKED THE DEFENDANT WHY HE HAD BEEN STOPPED, TO WHICH HE STATED THAT HE HAD A HEADLIGHT OUT. I COULD IMMEDIATELY DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH WHEN HE WAS SPEAKING. THE DEFENDANT'S SPEECH WAS HEAVILY SLURRED AND HE HAD A HARD TIME COMPLETING A SENTENCE. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TONIGHT, TO WHICH HE STATED "YES HE HAD BEEN DRINKING". I THEN ASKED THE DEFENDANT IF HE WOULD STEP OUT OF HIS VEHICLE TO PERFORM STANDARDIZED FIELD SOBRIETY TESTS, TO WHICH HE STATED HE WOULD. I HAD THE DEFENDANT STEP TO THE REAR OF HIS VEHICLE WHERE THE SURFACE WAS SMOOTH AND FLAT. I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD KEEP HIM FROM PERFORMING THE TASKS, TO WHICH HE STATED "NO". 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, THE DEFENDANT COULD NOT FOLLOW MY INSTRUCTIONS. THE DEFENDANT CONTINUALLY FOLLOWED THE TIP OF MY PEN BY MOVING HIS HEAD FROM SIDE TO SIDE. I INSTRUCTED THE DEFENDANT TO FOLLOW THE PEN WITH HIS EYES ONLY. THE DEFENDANT HAD LACK OF SMOOTH PURSUIT IN BOTH EYES AND ONSET OF NYSTAGMUS AT MAXIMUM DEVIATION. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK HIS FIRST STEP AND IMMEDIATELY LOST HIS BALANCE FALLING TO THE RIGHT. THE DEFENDANT REGAINED HIS BALANCE, BUT COULD NOT WALK HEEL TO TOE BUT TOOK EACH STEP WITH HIS FEET SIDE BY SIDE. THE DEFENDANT GOT TO HIS FOURTH STEP AND USED HIS VEHICLE TO BALANCE HIMSELF BY PLACING HIS RIGHT HAND ON THE SIDE OF HIS TRUCK, WHILE HE TOOK HIS STEPS. THE DEFENDANT TOOK HIS NINTH STEP AND TURNED AROUND AND PLACED HIS LEFT HAND ON HIS VEHICLE TO KEEP HIS BALANCE. THE DEFENDANT USED HIS TRUCK TO WALK HIS FIRST FIVE STEPS. ON STEP NUMBER SIX THE DEFENDANT RAISED HIS ARMS PARALLEL TO THE GROUND TO TRY TO BALANCE HIMSELF, WHILE TAKING THE REST OF HIS STEPS. THE LINE THE DEFENDANT WAS WALKING ON WAS A LINE USED TO BOX IN A PARKING SPOT. THE LINE WAS STRAIGHT AND WHITE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS RIGHT FOOT ON THE TOE OF HIS LEFT FOOT AND RAISED HIS ARMS OUTWARD TO MAINTAIN HIS BALANCE. THE DEFENDANT PLACED HIS FOOT BACK ON THE GROUND ON NUMBER FOUR AND THEN RAISED HIS FOOT UP AND COUNTED TO THE NUMBER FOUR AGAIN AND THEN PLACED HIS FOOT BACK ON THE GROUND. THE DEFENDANT RAISED HIS FOOT OFF THE GROUND AGAIN AND COUNTED TO THE NUMBER FOUR. THE DEFENDANT REPEATED THIS TWO MORE TIMES. AT THIS POINT THE TIME ALLOTTED FOR THE 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 SECURED AND LEFT IN THE PARKING SPOT THE DEFENDANT HAD PULLED INTO PER THE DEFENDANT'S 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 .208 AND .197. THE DEFENDANT WAS ISSUED A FLORIDA DUI CITATION 7119XGA8 FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE ON 10/06/2011 AT 13:00 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION NUMBER 8500GJX6 FOR FAIL TO CHANGE ADDRESS ON DRIVER'S LICENSE WITH A FINE OF $113.00 PAYABLE IN 30 DAYS TO THE CITRUS COUNTY CLERK OF COURTS. THE DEFENDANT WAS ALSO ISSUED A WARNING FOR HAVING A HEADLIGHT OUT WARNING 99031706. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. "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* |
