Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10116512) 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 082510, AT APPROXIMATELY 0230 HOURS, I RESPONDED AS BACK-UP TO DEPUTY HUGHES ON A TRAFFIC STOP ON ROSEDALE AVENUE IN-BETWEEN SOUTH LEE WAY AND ACADEMY TERRACE. UPON MY ARRIVAL, DEPUTY HUGHES ADVISED THAT WHILE HE WAS ON PATROL HE PULLED UP BEHIND A WHITE SPORT UTILITY VEHICLE (SUV) THAT WAS PARKED IN the MIDDLE OF ROSEDALE with the DEFENDANT AS THE DRIVER. DEPUTY HUGHES STATED THAT HE WAITED A FEW MINUTES FOR THE VEHICLE TO MOVE AND WHEN IT DID NOT, HE ACTIVATED HIS EMERGENCY LIGHTS, AT WHICH TIME THE VEHICLE THEN PULLED FORWARD AND OFF TO the SIDE OF THE ROAD. THE VEHICLE WAS FACING SOUTHWEST AT THE TIME OF THE STOP. DEPUTY HUGHES ADVISED WHEN HE MADE CONTACT WITH THE DEFENDANT WHO WAS DRIVING THE VEHICLE, SHE ADVISED THAT SHE WAS STOPPED because SHE THOUGHT HER PASSENGER WAS SICK. DEPUTY HUGHES ADVISED THERE WAS A VERY STRONG ODOR OF ALCOHOL EMITTING FROM her BREATH AND SHE HAD HEAVILY SLURRED SPEECH. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS STILL IN the DRIVER'S SEAT OF THE VEHICLE AND ASKED HER WHY SHE WAS PULLED OVER, TO WHICH she STATED SHE JUST WANTED TO GO HOME. the DEFENDANT'S SPEECH WAS VERY SLURRED AND SHE HAD A HARD TIME COMPLETING JUST THAT ONE SENTENCE. SHE ALSO HAD A HARD TIME KEEPING her EYES OPEN AND THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM her BREATH WHILE SHE WAS SPEAKING WITH ME. I ASKED THE DEFENDANT TO STEP out OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH she HESITATED, AND THEN ATTEMPTED TO EXIT HER VEHICLE BUT LOST HER BALANCE AND STARTED TO FALL BEFORE I CAUGHT HER. the DEFENDANT ATTEMPTED TO STEADY HERSELF, BUT AGAIN LOST HER BALANCE AND FELL AGAINST HER VEHICLE. I THEN ASKED THE DEFENDANT TO STEP OVER TO THE ROADWAY TO PERFORM the FIELD SOBRIETY TASKS TO WHICH SHE STATED, NO, THAT SHE JUST WANTED TO GO HOME. I ASKED the DEFENDANT IF SHE WAS REFUSING TO PERFORM THE FIELD SOBRIETY TASKS TO WHICH SHE STATED, YES, that SHE WAS NOT GOING TO DO THEM. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY HUGHES. she WAS THEN TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT KEPT STATING THAT SHE WANTED ME TO CONTACT HER BROTHER because SHE DID NOT WANT HIM TO SEE HER LIKE THIS. I TOLD THE DEFENDANT THAT I WOULD TRY, TO WHICH SHE REPEATED AGAIN AND AGAIN THAT I NEEDED TO CONTACT HIM because she WAS NOT A BAD PERSON. 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 .242 AND .251. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE BEING HER SECOND OFFENSE FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 2339-XBGX WITH A MANDATORY COURT APPEARANCE OF 091610 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 3473-GJXX FOR IMPROPER PARKING STANDING OR STOPPING IN the ROADWAY, AND A WARNING NUMBER 298948B FOR NO INSURANCE. "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* |