| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR1200191) 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 030312, WHILE TRAVELING SOUTH BOUND ON HIGHWAY 19, I OBSERVED A WHITE VEHICLE TRAVELING NORTH BOUND ON HIGHWAY 19 IN THE OUTSIDE LANE AT APPROXIMATELY SPEED OF 50 MILES PER HOUR. I RECEIVED HIGH AUDIO DOPPLER TONE AND A TARGET SPEED READ OUT OF 49 MILE PER HOUR WHERE AS THE SPEED LIMIT IS 40 MILES PER HOUR. I TURNED AROUND ON THE VEHICLE AS IT PASSED CVS PHARMACY AT HIGHWAY 19 AND NORTH EAST 5TH STREET, AND ACTIVATED MY EMERGENCY EQUIPMENT. THE VEHICLE SWITCHED FROM THE OUTSIDE TO THE INSIDE LANE, AND TAILGATED ANOTHER VEHICLE IN FRONT OF HER. AS I PULLED UP BEHIND THE VEHICLE, THE VEHICLE TURNED INTO THE TACO BELL LOCATED AT 555 NORTH EAST HIGHWAY 19. I MADE CONTACT WITH THE DEFENDANT, MS PARKER BERGER, WHO WAS THE DRIVER OF THE VEHICLE. I ADVISED HER OF WHY I HAD STOPPED HER AND ASKED HER FOR HER DRIVER'S LICENSE AND REGISTRATION. THE DEFENDANT FUMBLED FOR HER DRIVER'S LICENSE AND THEN RETRIEVED IT AND THEN STATED THAT HER DRIVER'S LICENSE AND REGISTRATION WERE IN HER GLOVE BOX. THE REGISTRATION TO THE VEHICLE WAS IN THE DEFENDANT’S HAND WHILE SHE WAS SPEAKING TO ME. THE DEFENDANT’S SPEECH WAS SLURRED AND SLOW AND HER EYES WERE VERY GLOSSY. I COULD ALSO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT’S BREATH. I ASKED THE DEFENDANT IF SHE HAD ANYTHING TO DRINK, TO WHICH SHE STATED TWO BEERS AT ABOUT 1700 HOURS. I THEN WENT BACK TO MY VEHICLE PLACED THE DEFENDANTS DRIVER'S LICENSE AND REGISTRATION IN MY VEHICLE AND REPROACHED THE DEFENDANT. I TOLD THE DEFENDANT THAT I WOULD NEED HER TO STEP OUT OF THE VEHICLE TO FORM FIELD SOBRIETY TEST. THE DEFENDANT GOT OUT OF HER VEHICLE AND TOOK HER SHOES OFF AND STEPPED TO THE REAR OF HER VEHICLE. 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 HEAL TO TOE ON ANY STEPS. WHEN THE DEFENDANT FINISHED HER FIRST NINE STEPS SHE TURNED AROUND AND LOST HER BALANCE. WHEN THE DEFENDANT TOOK HER NEXT NINE STEPS SHE AGAIN DID NOT TOUCH HEAL TO TOE ON ANY STEPS. THE DEFENDANT DID NOT PASS THIS TEST. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HER LEFT FOOT IN THE AIR AND BEGAN COUNTING WHEN THE DEFENDANT REACHED THE NUMBER FOUR SHE COUNTED IT TWICE. THE DEFENDANT THEN COUNTED TO THE NUMBER SIX AND COUNTED IT TWICE AS WELL. WHEN THE DEFENDANT REACHED THE NUMBER EIGHT SHE LOST HER BALANCE FALLING COMPLETELY TO HER RIGHT SIDE AND CATCHING HERSELF FROM FALLING WITH HER RIGHT HAND. THE DEFENDANT REGAINED HER BALANCE THEN COUNTED THE NUMBER FOURTEEN AND COUNTED THAT NUMBER TWICE AS WELL. AT THAT TIME I PLACED THE DEFENDANT’S HANDS BEHIND HER BACK AT WHICH TIME SHE AGAIN LIFTED HER LEFT FOOT OFF THE GROUND TO CONTINUE THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMS TOWING. DEPUTY RICHEY REMAINED ON SCENE UNTIL THE VEHICLE WAS TOWED. 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 .216 AND .207. 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 7766XBLX WITH A MANDATORY COURT APPEARANCE ON 032212 AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6776WLQ1, FOR TRAVELING 46 MILES PER HOUR IN A 40 MILE PER HOUR ZONE WITH A $131.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
