| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11123528) 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 NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF THE FLORIDA STATE STATUTE 316.193(1). ON 111211, AT APPROXIMATELY 2010 HOURS, I RESPONDED AS BACKUP TO DEPUTY LOVULLO WHO WAS ON A TRAFFIC STOP AT THE HOMOSASSA POST OFFICE LOCATED AT 10780 WEST YULEE DRIVE. UPON MY ARRIVAL, DEPUTY LOVULLO ADVISED THAT SHE OBSERVED THE DEFENDANTS NISSAN PICKUP TRUCK TO BE TRAVELING EAST ON WEST YULEE DRIVE AND THAT THE LICENSE PLATE LIGHT WAS INOPERABLE. DEPUTY LOVULLO CONDUCTED A TRAFFIC STOP ON THE PICKUP TRUCK. DEPUTY LOVULLO ADVISED THAT WHEN SHE MADE CONTACT WITH THE DEFENDANT/DRIVER OF THE VEHICLE SHE COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATHE. I THEN MADE CONTACT WITH THE DEFENDANT, MR PHILLIP KRITSER, AND ASKED HIM WHY DEPUTY LOVULLO HAD STOPPED HIM. THE DEFENDANT STATED THAT HE WAS STOPPED BECAUSE HIS TAG LIGHT WAS OUT. I COULD IMMEDIATELY DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH. THE DEFENDANT'S SPEECH WAS SLURRED AS WELL. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TODAY TO WHICH HE REPLIED "OF COURSE, I HAVE BEEN AT THE FESTIVAL ALL DAY". I ASKED THE DEFENDANT IF HE WOULD STEP OUT OF HIS VEHICLE TO PERFORM STANDARDIZED FIELD SOBRIETY TEST TO WHICH HE STATED "NO, I'M OK." I THEN ASKED THE DEFENDANT IF HE WOULD STEP OUT OF THE VEHICLE TO WHICH HE AGAIN REPLIED "NO, I AM OKAY I DO NOT NEED TO DO THAT." I THEN ASKED THE DEFENDANT AGAIN TO STEP OUT OF THE VEHICLE AND OPENED THE DOOR TO WHICH THE DEFENDANT THEN STEPPED OUT OF HIS VEHICLE. I HAD THE DEFENDANT STEP TO THE REAR OF HIS VEHICLE WHERE THE PAVEMENT WAS SMOOTH AND LEVEL. I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL OR MENTAL DISABILITIES THAT WOULD PREVENT HIM FROM PERFORMING THE TASKS TO WHICH HE STATED "NO, BUT I DO HAVE FOOTBALL INJURIES." I ASKED THE DEFENDANT IF THAT WOULD KEEP HIM FROM PERFORMING THE TASKS TO WHICH HE STATED "NO". 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, THE DEFENDANT DID NOT FOLLOW THE TIP OF THE PEN WITH HIS EYES BUT INSTEAD STARED STRAIGHT AHEAD AT ME. I ADVISED THE DEFENDANT TO FOLLOW THE TIP OF MY PEN WITH HIS EYES TO WHICH HE REPLIED "OH I WAS WATCHING YOU". THE DEFENDANT STILL DID NOT FOLLOW THE TIP OF MY PEN WITH HIS EYES BUT STARED STRAIGHT AHEAD ONLY ONCE MOVING HIS HEAD AND EYES TO THE LEFT. TASK TWO, WALK AND TURN. WHILE I WAS EXPLAINING THIS TASK TO THE DEFENDANT, THE DEFENDANT INTERRUPTED ME AND STATED "NO". I ASKED THE DEFENDANT IF HE WAS GOING TO PERFORM THE TASKS OR IF HE WAS REFUSING TO WHICH HE STATED "NO". I THEN ASKED THE DEFENDANT IF HE WAS REFUSING TO DO THE TASKS TO WHICH HE REPLIED "I HAVE A LAWYER SO JUST TAKE ME TO JAIL AND WE WILL LET THE COURTS SORT THIS OUT. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE HOMOSASSA POST OFFICE AT THE REQUEST OF THE OWNER. PRIOR TO LEAVING THE SCENE THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS VIA CARD. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH, URINE AND OR BLOOD TO WHICH HE STATED "NO". THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION 7124XGA5 FOR DUI WITH A MANDATORY COURT APPEARANCE ON 120111 AT 1300 HOUR, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. AFFIANT HAD NO PRIOR KNOWLEDGE OF THIS CASE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
