| Date of birth: | Jul 11, 1980 |
| Probable cause affidavit: | SUBMITTED BY: LYNN, KURT 0349 (AR09107686) ON 021509 AT APPROXIMATELY 0500 HOURS, THIS AGENCY RECEIVED A CALL REFERENCE THE REPORT OF A MAN WHO WAS PASSED OUT BEHIND THE WHEEL OF HIS VEHICLE IN THE ROADWAY. THIS WAS LOCATED APPROXIMATELY 150 FEET WEST OF COUNTY ROAD 491 ON COUNTY ROAD 486, FACING EAST. THE PERSON WAS IN HIS VEHICLE WITH THE ENGINE RUNNING, SLUMPED OVER THE STEERING WHEEL AND DID NOT RESPOND TO ANY VERBAL OR PHYSICAL COMMANDS. UPON THE FIRST DEPUTY'S ARRIVAL SHE TRIED TO SHAKE AND MOVE THE DRIVER/DEFENDANT, MR MICHAEL LEUTHEUSER JR, WITH NO RESPONSE. THIS DEPUTY WAS ALSO DISPATCHED AND ARRIVED AT THE INTERSECTION OF COUNTY ROAD 486 AND COUNTY ROAD 491. AT THAT TIME, I OBSERVED A GRAY HYUNDAI IN THE LEFT EASTBOUND TURN LANE STOPPED IN THE ROADWAY, 150 FEET WEST OF THE INTERSECTION. THE KEYS HAD ALREADY BEEN REMOVED FROM THE IGNITION AND THE ENGINE TURNED OFF BY THE FIRST DEPUTY ON SCENE. THE DRIVER EVENTUALLY DID WAKE UP AND TOLD THIS DEPUTY HE WAS IN PLANT CITY AND THAT HE THOUGHT IT WAS APPROXIMATELY TWELVE MIDNIGHT. THE DRIVER ALSO STATED HE WAS TRYING TO DRIVE HOME FROM TAMPA, FLORIDA TO BARTOW, FLORIDA. THE DRIVER STATED HE HAD ONE OR TWO BEERS AND SPOKE WITH SLURRED SPEECH, SEEMED DAZED AND CONFUSED AND DID NOT RESPOND WELL TO QUESTIONS. AT THAT TIME, I BEGAN FIELD SOBRIETY TASKS. THE FIST TASK WAS THE HORIZONTAL GAZE NYSTAGMUS. THE DRIVER DISPLAYED DISTINCT NYSTAGMUS WITH ONSET PRIOR TO 45 DEGREES IN BOTH HIS LEFT AND RIGHT EYES. HE ALSO DISPLAYED A LACK OF ABILITY OF SMOOTH PURSUIT IN BOTH EYES WITH VERY SLOW PURSUIT. THERE WAS ALSO VERTICAL NYSTAGMUS PRESENT. HE ALSO DISPLAYED POOR BALANCE AND REFUSED TO STATE WHETHER HE HAD TAKEN ANY OTHER DRUGS. HE ALSO GAVE FAR OFF STARES DURING THE PROCESS. THE NEXT TASK WAS THE ONE LEG STAND, WHICH WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER. DURING THE TASK, THE DRIVER DISPLAYED POOR BALANCE, POOR COUNTING ABILITY AND SET HIS FOOT DOWN DURING THE TASK. THE NEXT TASK WAS THE FINGER TO NOSE TASK, WHICH WAS AGAIN DEMONSTRATED AND EXPLAINED TO THE DRIVER. DURING THE TASK, THE DRIVER DID NOT KEEP HIS EYES CLOSED, FAILED TO RETURN HIS ARMS TO HIS SIDE AND MISSED THE TIP OF HIS NOSE CONTINUOUSLY AND KEPT TOUCHING HIS UPPER LIP. THE DRIVER ALSO DISPLAYED POOR BALANCE. THE LAST TASK WAS THE WALK AND TURN TASK, WHICH WAS DEMONSTRATED AND EXPLAINED TO THE DRIVER. THE DRIVER DID NOT TOUCH HEEL TO TOE, DID AN INCORRECT TURN BY SPINNING AND RAISING HIS ARMS OUT FOR BALANCE AND DID NOT COUNT CORRECTLY AND DOUBLE COUNTED SEVEN ON HIS OUTGOING STEPS. AT THAT TIME, THE DRIVER WAS INFORMED OF HIS ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND PLACED IN THE REAR SEAT OF THIS DEPUTY'S PATROL VEHICLE AFTER BEING PLACED IN HAND RESTRAINTS DOUBLE LOCKED. HE WAS READ MIRANDA AND IMPLIED CONSENT VIA PRE PRINTED CARD. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS OFFERED A BREATH TEST, WHICH HE REFUSED. HE ALSO REFUSED TO PROVIDE A URINE SAMPLE. THE DRIVER WAS ISSUED CITATION NUMBER 2168-XBG FOR DUI, CITATION 1265-RPA FOR IMPROPERLY PARKING ON A ROADWAY OUTSIDE OF A MUNICIPALITY, AND 12660-RPA FOR REFUSAL TO SUBMIT TO BLOOD/ALCOHOL TESTS BOND SET PER SCHEDULE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Feb 15, 2009 |
| Booking number: | 09107686 |
| Booking location: | Citrus County, FL |
| Code: | 316.193(1) |
| Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
| Bond amount: | $500 |
| Code: | 316.1939(1)(e) |
| Charge description: | REFUSE TO SUBMIT APPROVED CHEMICAL/PHYSICAL TEST FOR ALCOHOL |
| Bond amount: | $500 |
