| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-8555) 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(1). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT DID STRIKE THE VICTIM'S VEHICLE WITH HIS VEHICLE IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 123113, AT APPROXIMATELY 2100 HOURS, I RESPONDED TO 5190 SOUTH SUFFOLK TERRACE IN HOMOSASSA, IN REFERENCE TO A VEHICLE ACCIDENT. UPON MY ARRIVAL, I OBSERVED A MAROON DODGE RAM AND A WHITE NISSAN VEHICLE IN THE DRIVEWAY, WITH THE DODGE RAM BACKED UP ON THE FRONT END OF THE NISSAN. I MADE CONTACT WITH DETECTIVE RUBY, WHO HAD ALREADY RESPONDED TO THE SCENE. HE ADVISED THAT WHEN HE ARRIVED, THE DEFENDANT, MR MICHAEL MEYERS, WAS STILL IN THE VEHICLE BEHIND THE STEERING WHEEL. AS I WALKED UP TO THE DEFENDANT, HE SPONTANEOUSLY UTTERED âIâVE BEEN DRINKINGâ AND LEANED UP AGAINST THE DRIVERâS SIDE OF HIS VEHICLE. I ASKED IF HE COULD TELL ME WHAT HAPPENED, TO WHICH HE STATED âI DONâT KNOWâ AND THEN SLURRED SOME INCOHERENT SPEECH, AT WHICH TIME I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I THEN MADE CONTACT WITH ONE OF THE WITNESSES, MS ALYCIA PORRO, WHO STATED THAT THE DEFENDANT HAD GOT INTO AN ARGUMENT WITH AN UNKNOWN PERSON EARLIER AND BECAME UPSET AND ATTEMPTED TO LEAVE. ALYCIA ADVISED THAT AS THE DEFENDANT GOT IN HIS TRUCK, SHE AND THE OTHER WITNESSES YELLED FOR HIM TO WATCH OUT FOR THE VEHICLE BEHIND HIM. AT THAT TIME, THE DEFENDANT BACKED UP AND STRUCK THE VEHICLE BEHIND HIM, AT WHICH TIME THEY TOLD HIM THAT THEY WERE CALLING THE COPS. ALYCIA ADVISED THAT THE DEFENDANT PULLED FORWARD AND BACKED UP AGAIN, STRIKING THE VICTIM'S VEHICLE FOR A SECOND TIME. THE DEFENDANT THEN PROCEEDED TO TRY TO PUSH THE VEHICLE OUT OF HIS WAY WITH HIS VEHICLE. AFTER PUSHING THE VICTIM'S VEHICLE APPROXIMATELY TWENTY FEET, THE DEFENDANTâS TRUCK GOT STUCK IN THE DIRT AND COULD NOT MOVE ANY FURTHER. ALYCIA STATED THAT ONE OF THE WITNESSES, MR SHAWN CARTER, REACHED IN TO THE VEHICLE, PUT IT IN PARK AND YANKED THE KEYS OUT. IT WAS AT THIS TIME THAT DETECTIVE RUBY ARRIVED ON SCENE. I AGAIN MADE CONTACT WITH THE DEFENDANT, WHERE I ADVISED HIM THAT I WAS SWITCHING FROM AN ACCIDENT INVESTIGATION TO A DUI INVESTIGATION AND ASKED IF HE WOULD PERFORM FIELD SOBRIETY TASKS. THE DEFENDANT STATED THAT HE WOULD. 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. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS 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. DURING THIS TASK, THE DEFENDANT HAD TO BE REPEATEDLY TOLD TO KEEP HIS HEAD STRAIGHT AND FOLLOW THE TIP OF MY PEN WITH HIS EYES ONLY. THE DEFENDANT STATED THAT HE WAS AND WHILE HE WAS SPEAKING I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT HE COULD NOT DO IT. I ASKED HIM IF HE COULD NOT DO THE TASK OR HE WAS REFUSING TO DO THE TASK, TO WHICH HE STATED âIâM TIREDâ. I ASKED THE DEFENDANT IF HE WAS GOING TO ATTEMPT TO COMPLETE THE TASK AND HE STATED NO. HE THEN LIFTED HIS FOOT OFF THE GROUND AND STOOD THERE LOOKING DOWN; HE REPEATED THIS TWICE AND ABRUPTLY STOPPED DOING THE TASK. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE; HE DID NOT COUNT ANY OF HIS STEPS OUT LOUD. HE ALSO TOOK 11 STEPS UNTIL HE ARRIVED AT THE FRONT OF MY PATROL VEHICLE. HE THEN TURNED AROUND, WHERE I TOLD HIM TO TAKE NINE STEPS BACK. HE THEN TOOK TEN STEPS BACK, DID NOT COUNT OUT LOUD, DID NOT TOUCH HEEL TO TOE AND HE WAS UNSTEADY ON HIS FEET. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, WHERE HE WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. 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 BY DETECTIVE RUBY, 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 .159 AND .157. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. HE WAS ALSO CHARGED WITH DUI WITH PROPERTY DAMAGE WITH A $500.00 BOND. THE DEFENDANTâS TOTAL BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4828XDX, FOR DUI WITH A MANDATORY COURT APPEARANCE ON 012313 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED DUI UNIFORM TRAFFIC CITATION NUMBER 4829XDX6, FOR DUI WITH PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE ON 012313 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION 5057GZP7, FOR IMPROPER BACKING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS. AN ACCIDENT REPORT WAS FILLED OUT WITH A DHSMV NUMBER OF 82406407. |
