| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN, 0616 (AR10117595) 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 NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 102610 AT APPROXIMATELY 2110 HOURS I OBSERVED A WHITE PICKUP TRUCK PULLING A SILVER TRAILER, HEADED NORTHBOUND ON HIGHWAY 19 IN THE INSIDE LANE, HEADED TOWARD HOMOSASSA. AS I TURNED ON TO HIGHWAY 19 FROM VILLAGE DRIVE, I OBSERVED THE VEHICLE TO VEER TO THE SOUTHEAST SIDE OF THE ROADWAY ONTO THE SHOULDER AND THEN VEER BACK TO THE NORTHWEST SIDE OF THE ROADWAY, STRADDLING THE MIDDLE OF THE ROAD. I THEN OBSERVED THE VEHICLE TO DRIVE IN TO THE MEDIAN and THEN BACK ON TO THE ROADWAY, AT WHICH POINT I BEGAN PACING THE VEHICLE AT APPROXIMATELY 85 MILES PER HOUR (MPH) IN A 55 MPH ZONE. I THEN ACTIVATED MY EMERGENCY EQUIPMENT AND ATTEMPTED TO PULL OVER THE VEHICLE. THE VEHICLE WEAVED FROM THE OUTSIDE TO THE INSIDE LANE and THEN BACK TO THE OUTSIDE and THEN CAME TO A REST IN THE MEDIAN IN FRONT OF 4650 SOUTH SUNCOAST BOULEVARD. I MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER OF THE VEHICLE AND ASKED HIM FOR HIS DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT STARED AT ME BLANKLY, AT WHICH POINT I AGAIN HAD TO ASK HIM FOR HIS DRIVER'S LICENSE, WHICH HE STATED HE DID HAVE "SOMEWHERE". I DID OBSERVE HIS DRIVER'S LICENSE TO BE IN HIS LEFT HAND WHILE HE WAS LOOKING FOR IT IN THE MIDDLE OF HIS TRUCK. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT'S BREATH, AT WHICH POINT DEPUTY RUBY DID ARRIVE AS BACK UP and STAYED with THE DEFENDANT WHILE I DID A RECORDS CHECK ON HIS DRIVER'S LICENSE. AS I WALKED BACK TO THE VEHICLE DEPUTY RUBY STATED that THE DEFENDANT ADVISED HE WAS COMING FROM WILDWOOD, HEADING TOWARD WILDWOOD. I THEN ASKED THE DEFENDANT TO STEP OUT OF HIS VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HE THEN OPENED HIS DOOR AND A SILVER STEEL RESERVE CAN FELL ONTO THE GROUND FROM HIS LAP. THE DEFENDANT'S PANTS WERE UNDONE AND HE HAD A DISHEVELED APPEARANCE ABOUT HIM. THE DEFENDANT SLAMMED HIS DOOR SHUT BEHIND HIM AND I HAD HIM WALK TO THE REAR OF HIS VEHICLE, AT WHICH TIME DEPUTY RUBY OPENED THE DEFENDANT'S DOOR AND PICKED UP THE CAN OF BEER AND PUT IT BACK IN the VEHICLE. THE DEFENDANT IMMEDIATELY STARTED SCREAMING THAT WE WERE VIOLATING HIS PATRIOTIC RIGHTS AND THAT I NEEDED TO READ HIM MIRANDA. I ASKED THE DEFENDANT IF HE WOULD PERFORM FIELD SOBRIETY TASKS, TO which HE STATED HE WOULD. 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 DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT AND THE DEFENDANT STATED HE UNDERSTOOD THE TASK, AT WHICH POINT I HAD THE DEFENDANT FOLLOW THE TIP OF MY PEN WITH HIS EYES ONLY, WHICH HE DID NOT DO. I AGAIN TOLD THE DEFENDANT THAT HE NEEDED TO FOLLOW THE TIP OF MY PEN with HIS EYES, TO WHICH HE JUST STARED BLANKLY AHEAD and DID NOT ATTEMPT TO DO. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HIS HEEL TO TOES AND COULD NOT MAINTAIN HIS BALANCE WHILE WALKING. when THE DEFENDANT ARRIVED ON STEP NUMBER NINE, HE ASKED WHICH WAY HE NEEDED TO TURN AROUND AND THEN TURNED AROUND, STOPPED AND ATTEMPTED TO TAKE A STEP BACK IN THE OTHER DIRECTION. the DEFENDANT THEN SWITCHED FEET and COUNTED NINE STEPS AND STOPPED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO MY EXPLAINING AND DEMONSTRATING THE TASK, THE DEFENDANT PICKED UP HIS LEFT FOOT AND STRETCHED IT BEHIND HIM AND PUT HIS ARMS TO A 90 DEGREE ANGLE ON EITHER SIDE, AT WHICH POINT I HAD TO TELL HIM TO PUT HIS FOOT DOWN AND WAIT UNTIL I EXPLAINED IT TO HIM. WHEN THE DEFENDANT BEGAN THE TASK, HE COUNTED TO TEN AND PUT HIS RIGHT FOOT DOWN and ASKED ME IF HE WAS DONE, TO WHICH I TOLD HIM TO CONTINUE WITH THE TASK UNTIL I TOLD HIM TO STOP. AT WHICH TIME THE DEFENDANT STARTED COUNTING AT NUMBER TWELVE, SKIPPING NUMBER ELEVEN AND COUNTED TO FOURTEEN and SKIPPED FIFTEEN, COUNTED TO NUMBER SIXTEEN AND THEN WENT BACK TO NUMBER FIFTEEN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, WAS HANDCUFFED (DOUBLE LOCKED) and TRANSPORTED THE CITRUS COUNTY DETENTION FACILITY. ON THE WAY TO the CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT STARTED SCREAMING THAT I WAS A NAZI and THAT I WAS A PART OF THE TAN CREW and THAT I WAS VIOLATING HIS PATRIOTIC RIGHTS and THAT I VIOLATED HIS MIRANDA RIGHTS BECAUSE HE WAS A JEW AND THAT I WAS A NAZI. THE DEFENDANT THEN CALMED DOWN AND STATED that HE WAS NOT GOING TO "GIVE ME SHIT" NO MORE AND THEN STARTED SCREAMING AGAIN THAT I WAS A NAZI AND THAT I WAS PART OF THE SYSTEM. THIS CONTINUED UNTIL WE ARRIVED AT THE DETENTION FACILITY, AT WHICH TIME CCA GUARDS DID COME OUT TO ASSIST ME IN TAKING THE DEFENDANT OUT OF MY VEHICLE. THE DEFENDANT IMMEDIATELY STARTED GOING ON A TIRADE ABOUT HIS RIGHTS BEING VIOLATED AND BEING ILLEGALLY SEARCHED AND CONTINUED TO GIVE THE CCA GUARDS A DIFFICULT TIME. THE DEFENDANT WAS THEN READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH 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 7726-XBL-2 WITH A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2099-WBN-8, FOR UNLAWFUL SPEED OF 80 MPH IN A 55 MPH ZONE, WITH A $256.00 FINE, AND WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 2100-WBN-6, FOR FAILING TO DRIVE IN A SINGLE LANE with A FINE OF $166.00, BOTH FINES PAYABLE WITHIN 30 DAYS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE. "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* |
