| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11119996) 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. (AND) ANY PERSON THAT IS DRIVING OR IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHO IS UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR ANY CHEMICAL SUBSTANCE AND CAUSES OR CONTRIBUTES TO THE CAUSE OF DAMAGE TO PROPERTY OR PERSON, TO WIT: DAMAGED THE VICTIM'S VEHICLE AND HIS OWN, IN THE AMOUNT OF LESS THAN $2,000.00, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C). ON 032911, AT APPROXIMATELY 0710 HOURS, I RESPONDED TO PROGRESS ENERGY NUCLEAR PLANT IN REFERENCE TO A VEHICLE ACCIDENT. UPON MY ARRIVAL I MADE CONTACT WITH DEPUTY RUBY WHO WAS ALREADY ON SCENE AND HE ADVISED THAT THE DEFENDANT WAS DRIVING HIS VEHICLE, WHICH IS A 2007 TOYOTA PICKUP TRUCK, AND HAD STRUCK THE REAR END OF ANOTHER PICKUP TRUCK IN THE PARKING LOT. DEPUTY RUBY ADVISED THAT AFTER TALKING TO THE DEFENDANT HE NOTICED THAT THE DEFENDANT WAS VERY UNSTEADY ON HIS FEET AND HAD TO HOLD ON TO THE SIDE OF HIS TRUCK TO MAINTAIN HIS BALANCE. I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM WHAT HAD HAPPENED, TO WHICH HE ADVISED THAT HE WAS TURNING LEFT INTO THE PARKING LOT AND TOOK THE TURN TOO WIDE AND STRUCK THE OTHER VEHICLE IN THE REAR BUMPER. THE DEFENDANT'S CLOTHES WERE VERY DISHEVELED HIS HAIR WAS A MESS, AND HE APPEARED TO BE UNDER THE INFLUENCE OF SOME SORT OF NARCOTIC. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK, TO WHICH HE ADVISED, HE HAD A GLASS OF WINE AT APPROXIMATELY 0230 HOURS THIS MORNING. I ASKED THE DEFENDANT IF HE HAD TAKEN ANY SLEEP AIDS OR NARCOTICS, TO WHICH HE ADVISED, NO, HE DID NOT. I THEN ASKED THE DEFENDANT IF HE HAD ANY HEAD INJURY OR PHYSICAL DISABILITY WHICH WOULD CAUSE HIM TO BE SHOWING SIGNS OF IMPAIRMENT. HE ADVISED, NO HE DID NOT. I ASKED THE DEFENDANT IF HE WOULD SUBMIT TO STANDARD FIELD SOBRIETY TASKS, TO WHICH HE STATED HE WOULD. AT THAT TIME, 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 THE DEFENDANT DID NOT HAVE SMOOTH PURSUIT IN BOTH EYES BUT DID NOT SHOW SIGNS OF NYSTAGMUS. THE DEFENDANT'S EYES WERE VERY HEAVY AND THERE WAS REDNESS ABOUT THEM. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT, WHEN TAKING HIS FIRST NINE STEPS DOWN, DID NOT TOUCH HEEL TO TOE ON ANY STEP. THE DEFENDANT DID NOT COUNT HIS STEPS OUT LOUD AND TOOK TEN STEPS INSTEAD OF NINE. WHEN THE DEFENDANT TURNED AROUND HE STOPPED TO COMPOSE HIMSELF AND THEN TOOK TEN STEPS BACK. THE DEFENDANT DID NOT TOUCH HEEL TO TOE NOR COUNT OUT LOUD DURING ANY STEP. THE DEFENDANT USED HIS HANDS AND ARMS TO MAINTAIN HIS BALANCE DURING ALL 20 STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS RIGHT FOOT APPROXIMATELY ONE FOOT OFF THE GROUND AND COUNTED TO THREE AND PLACED HIS FOOT BACK DOWN. THE DEFENDANT THEN PICKED HIS FOOT BACK UP AND STARTED OVER, COUNTING FROM THE NUMBER ONE, AND MADE IT TO NUMBER TWO BEFORE PUTTING HIS FOOT BACK DOWN. THE DEFENDANT THEN TURNED AROUND AND PICKED UP HIS LEFT FOOT, BUT COULD NOT HOLD IT FOR MORE THAN THREE SECONDS BEFORE PUTTING IT BACK DOWN. DURING THIS TASK THE DEFENDANT COULD NOT MAINTAIN HIS BALANCE AND PUT HIS ARMS IN A HORIZONTAL POSITION TO MAINTAIN HIS BALANCE. AT THIS TIME I TOLD THE DEFENDANT TO STOP AND AGAIN ASKED HIM IF HE HAD ANYTHING TO DRINK, TO WHICH THE DEFENDANT STATED, "I HAD ONE MERLOT" (WHICH IS A TYPE OF WINE) "AT 0230 HOURS THIS MORNING". AT THIS POINT THE DEFENDANT WAS PLACED UNDER ARREST AND HIS VEHICLE WAS TURNED OVER TO HIS BOSS TO BE PARKED AT THE DEFENDANT'S HOTEL. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT WAS THEN READ HIS MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .000 AND .000. THE DEFENDANT DID SUBMIT TO A URINE TEST WHICH WAS COLLECTED BY YOUR AFFIANT AND WILL BE SUBMITTED INTO EVIDENCE. DEPUTY COX RESPONDED TO THE DETENTION FACILITY IN REFERENCE TO BEING THE CITRUS COUNTY SHERIFF'S OFFICE DRUG RECOGNITION EXPERT, AND THE DEFENDANT DID ADMIT THAT HE TOOK AN EXCEDRIN PM WITH A GLASS OF WINE BEFORE HE WENT TO BED. DEPUTY COX DID ADVISE THE EXCEDRIN PM IS A SLEEP AID AND THAT COMBINED WITH THE ALCOHOL DID SIGNIFICANTLY IMPAIR HIS FACULTIES. (SEE DEPUTY COX'S SUPPLEMENTAL REPORT) THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND RELEASED ON HIS OWN RECOGNIZANCE PENDING URINE TEST RESULTS. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7754XBL-6 FOR DUI WITH PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE OF 041411 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED DUI UNIFORM TRAFFIC CITATION, NUMBER 7753XBL-5, FOR DUI, WITH MANDATORY COURT APPEARANCE OF 041411 AT 1300 HOURS. THE DEFENDANT WAS RELEASED ON HIS OWN RECOGNIZANCE ON BOTH CHARGES PENDING URINE TEST RESULTS. *NOT-EXEMPT* |
