| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-4358) 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 020313 AT APPROXIMATELY 0250 HOURS, I WAS TRAVELLING SOUTHBOUND ON US HIGHWAY 19 IN THE AREA OF VILLAGE CADILLAC TOYOTA IN HOMOSASSA. I OBSERVED A VEHICLE TRAVELLING NORTHBOUND AT AN ESTIMATED SPEED OF 70 MILES PER HOUR. I ACTIVATED MY MPH PYTHON RADAR AND RECEIVED A TARGET SPEED OF 68 MILES PER HOUR AND THE SPEED LIMIT WAS 55 MILES PER HOUR. I TURNED AROUND ON THE VEHICLE AND CONDUCTED A TRAFFIC STOP. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT, MS MEGAN RAYEN, WHO IMMEDIATELY STATED âI KNOW I WAS SPEEDING, BUT I WAS TRYING TO CATCH MY FRIEND WHO HAS BEEN DRINKING AND IS NOW DRIVINGâ. I COULD IMMEDIATELY DETECT A STRONG SMELL OF ALCOHOL EMITTING FROM HER BREATH AND ASKED HER IF SHE HAD BEEN DRINKING TONIGHT, AND SHE SAID âWELL, YEAHâ. I WENT BACK TO MY VEHICLE AND RAN THE DRIVER'S LICENSE CHECK ON THE DEFENDANT, AS WELL AS NOTIFYING THE CRYSTAL RIVER UNITS TO "BOLO" FOR A TOYOTA CAMRY. I THEN WENT BACK TO THE DEFENDANT AND ASKED HER TO STEP OUTSIDE OF HER VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE WOULD. I HAD THE DEFENDANT STEP OUT OF THE VEHICLE AND TO THE REAR OF HER VEHICLE WHERE THE SURFACE WAS SMOOTH AND FLAT. 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 HER EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF HER STEPS. SHE COULD NOT MAINTAIN HER BALANCE, HAVING TO PUT HER ARMS IN AN OUTWARD DIRECTION IN ORDER TO HOLD HER BALANCE. SHE DID NOT COUNT HER STEPS OUT LOUD AND DID NOT COMPLETE THE TASK AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT LOOK DOWN AT HER TOE WHILE COUNTING AS INSTRUCTED. THE DEFENDANT COULD NOT KEEP HER FOOT OFF THE GROUND WITHOUT IMMEDIATELY PUTTING IT BACK DOWN. THE DEFENDANT LOST HER BALANCE AND COULD NOT REMAIN STEADY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. 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 HIS/HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND PLACED IN THE REAR OF DEPUTY MERRITTâS PATROL VEHICLE TO BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMâS TOWING. 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 .171 AND .165. 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, CITATION NUMBER 7203XGA3 WITH A MANDATORY COURT APPEARANCE ON 022113 AT 1300 HRS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6835WQB3 FOR UNLAWFUL SPEED OF 61 MILES PER HOUR IN A 55 MILES PER HOUR ZONE, WITH A $131.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS. |
