| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, WILLIAM 0463 (AR09108741) 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 042409 AT APPROXIMATELY 0045 HOURS, I WAS FOLLOWING A RED 1998 PONTIAC GRAND AM NORTHBOUND ON TURKEY OAK DRIVE, WHEN I OBSERVED THE VEHICLE CROSS OVER THE CENTER LINE AND DRIVE HALFWAY INTO THE SOUTHBOUND LANE. AT THAT TIME, I INITIATED A TRAFFIC STOP AND THE DRIVER TURNED RIGHT ONTO HOLIDAY DRIVE AND PULLED OVER. I THEN APPROACHED THE DRIVER/DEFENDANT, MR NICHOLAS MILLER, AND ADVISED HIM THE REASON THE REASON FOR THE STOP, AND HE REPLIED that THEY WERE IN CONVERSATION AND THAT WAS WHY HE DROVE OVER THE YELLOW LINE. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING, AND HE STATED, YES, that HE HAD EXACTLY 1 ½ BEERS AT THE OAR HOUSE. THE DEFENDANT FURTHER STATED TO BREATH TEST HIM BECAUSE his ALCOHOL LEVEL WOULD ONLY BE .08. I THEN ADVISED THE DEFENDANT THAT .08 WAS ABOVE THE LEGAL BLOOD ALCOHOL CONTENT LEVEL, TO WHICH HE THEN STATED THAT HE WOULD PASS A BREATH TEST WITH NO PROBLEM. I THEN ASKED HIM IF HE WOULD STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED YES. ONCE OUT OF THE VEHICLE, I ASKED THE DEFENDANT IF HE READ AND UNDERSTOOD THE ENGLISH LANGUAGE, AND HE REPLIED, YES. I ASKED THE DEFENDANT IF HE HAD FINISHED HIGH SCHOOL, TO WHICH HE STATED THAT HE DID, BUT HE HAD TO TAKE THE TEST SEVERAL TIMES. I ASKED HIM IF HE KNEW HIS ALPHABET, TO WHICH HE REPLIED, YES. I THEN BEGAN TO EXPLAIN the FIRST TASK, the ROMBERG ALPHABET. UPON DOING SO, THE DEFENDANT INTERRUPTED ME AND STATED, "DO YOU MEAN TO SAY LIKE A, C, D." I THEN EXPLAINED THAT HE SKIPPED OVER THE LETTER "B", AND THEN COMPLETED MY DEMONSTRATION AND ASKED HIM TO BEGIN THE TASK. AGAIN THE DEFENDANT STARTED WITH "A, C, D", AND THEN "E". HE THEN SKIPPED OVER TO THE LETTERS "M, N, O, P, G, T, V, W, X, Y, Z". WHEN HE GOT TO this POINT, THE DEFENDANT STATED THAT HE THOUGHT HE FORGOT SOMETHING AND THEN WENT BACK TO THE LETTER "M", AND REPEATED THE" M, N, O, P, G, T, V, W, X, Y, Z", AND WHEN HE FINISHED THE DEFENDANT STATED THAT HE THOUGHT THAT WAS RIGHT. THE NEXT TASK WAS THE, FINGER TO NOSE. I EXPLAINED THE TASK TO the DEFENDANT and ASKED THE DEFENDANT TO WAIT UNTIL I DEMONSTRATED BEFORE HE BEGAN. HOWEVER, BEFORE I WAS DONE DEMONSTRATING, THE DEFENDANT BEGAN TO DO THE TASK. I THEN STOPPED HIM TO REMIND HIM TO WAIT. WHEN I HAD THE DEFENDANT BEGIN THE TASK WITH HIS RIGHT HAND, HE FAILED TO TOUCH HIS NOSE, AND INSTEAD TOUCHED BELOW HIS NOSE ON HIS UPPER LIP. WHEN I HAD HIM USE HIS LEFT HAND, THE DEFENDANT MOVED HIS HEAD IN ORDER FOR HIS NOSE TO TOUCH HIS FINGER. the NEXT TASK WAS THE, ONE LEG STAND, WHICH I EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. AGAIN the DEFENDANT ATTEMPTED TO BEGIN PRIOR TO BEING TOLD TO DO SO. WHEN HE WAS TOLD TO START, THE DEFENDANT INITIALLY DID NOT LIFT HIS RIGHT FOOT OFF OF THE GROUND. INSTEAD, HE PLACED HIS HEEL ON THE GROUND AND DID NOT COUNT OUT LOUD. I STOPPED HIM and AGAIN EXPLAINED THE TASK TO the DEFENDANT. THIS TIME HE COMPLETED THE TASK. THE NEXT TASK WAS THE, WALK AND TURN, WHICH WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK, THE DEFENDANT STUMBLED ON his SECOND STEP AND HAD TROUBLE WALKING HEEL TO TOE. WHEN HE GOT TO STEP NUMBER NINE, THE DEFENDANT ASKED IF HE WAS SUPPOSED TO TURN AROUND, AND I ADVISED HIM, YES. DURING THE TASK WE USED THE DOUBLE YELLOW LINE AS A REFERENCE POINT, HOWEVER, when HE TURNED AROUND, HE SWITCHED OVER TO THE OTHER HALF OF the DOUBLE YELLOW LINE. AT THIS TIME, the DEFENDANT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). HE WAS THEN HANDCUFFED (DOUBLE-LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY LAMBERT. PRIOR TO LEAVING the SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAM'S TOWING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT DID SUBMIT TO THE APPROVED TEST OF HIS BREATH, WITH THE RESULTS BEING; .162 AND .182. THE DEFENDANT WAS HELD ON A $1,000.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED DUI CITATION, NUMBER 7023-XDO WITH A MANDATORY COURT APPEARANCE ON 050709 AT 1300 HOURS. HE WAS ISSUED TRAFFIC WARNING, NUMBER 250163B FOR DRIVING LEFT OF CENTER. *NOT-EXEMPT* |
