| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR11119901) 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. DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATUTE 322.34(2)(A). ON 032311 AT 1354 HOURS, WHILE DRIVING NORTH CONDUCTING A SECURITY CHECK ON EAST PARSON'S POINT ROAD, I OBSERVED A TAN CHEVY TRUCK BEARING TAG Y9IGV TRAVELLING EASTBOUND ON EAST PARSON'S POINT ROAD, AT AN ESTIMATED SPEED OF 38-42 MILES PER HOUR. AT THAT TIME I ACTIVATED MY AGENCY ISSUED PYTHON THREE RADAR UNIT AND RECEIVED A READING OF 40 MILES PER HOUR IN A DESIGNATED 30 MILES PER HOUR ZONE. I THEN ACTIVATED MY REAR RADAR AS THE VEHICLE PASSED, AND THE VEHICLE BEGAN TO INCREASE SPEED UP TO 45 MILES PER HOUR. I TURNED MY PATROL VEHICLE AROUND AND ATTEMPTED TO CATCH UP TO THE VEHICLE. UPON CATCHING UP TO SAID VEHICLE, I ACTIVATED MY EMERGENCY LIGHTS AND SIRENS, HOWEVER, THE DRIVER FAILED TO PULL OVER. THE DRIVER THEN CONTINUED FOR APPROXIMATELY ONE QUARTER OF A MILE UNTIL HE REACHED HIS DRIVEWAY LOCATED AT 2875 NORTH BUCKNELL TERRACE. THERE WERE OTHER VEHICLES IN FRONT OF SAID VEHICLE WHICH PULLED OVER TO THE SIDE DUE TO MY LIGHTS AND SIRENS. UPON ARRIVAL AT THE DRIVER'S DRIVEWAY, THE DRIVER EXITED HIS VEHICLE AS I EXITED MY PATROL VEHICLE. UPON MAKING CONTACT WITH THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR RICK ZPONHOLZ, I IMMEDIATELY SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND PERSON. AT THAT TIME I ALSO OBSERVED THE DEFENDANT'S EYES TO BE GLOSSY AND BLOODSHOT. I ASKED THE DEFENDANT WHY HE DID NOT STOP FOR ME, TO WHICH HE ADVISED HE WAS TRYING TO MAKE IT HOME. I THEN ASKED FOR HIS DRIVER'S LICENSE, WHERE HE ADVISED IT WAS IN WASHINGTON. AT THAT TIME I OBSERVED THAT THE DEFENDANT WAS REPEATING HIS SENTENCES AND HAD SLURRED SPEECH. I THEN ASKED THE DEFENDANT IF HE HAD CONSUMED ANY ALCOHOL TODAY, AND HE STATED, YES, AND HAD ONLY HAD ONE. I AGAIN QUESTIONED THE DEFENDANT ABOUT ONLY HAVING ONE DRINK DUE TO THE ODOR OF ALCOHOL STRONGLY EMITTING FROM HIS PERSON. AT THAT TIME THE DEFENDANT CHANGED HIS STORY FROM ONLY HAVING ONE DRINK TO HAVING HAD TWO DRINKS. HE ADVISED THEY WERE 16 OUNCE CANS OF BEER AND HE HAD TWO OF THOSE WITHIN ONE HOUR. I THEN ASKED THE DEFENDANT IF HE WOULD PERFORM SOME STANDARD FIELD SOBRIETY TESTS WHERE HE STATED, YES. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED, NO, BUT HIS KNEES HURT DUE TO DOING YARD WORK. 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK, THE DEFENDANT BEGAN THE TASK SEVERAL TIMES PRIOR TO BEING INSTRUCTED TO DO SO. THE DEFENDANT COULD NOT KEEP HIS BALANCE FOR MORE THAN ONE TO TWO SECONDS. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT STAND AS INSTRUCTED WITH BOTH FEET ON THE LINE AS I DEMONSTRATED. THE DEFENDANT DID NOT PERFORM HIS HEEL TO TOE AS DEMONSTRATED. THE DEFENDANT DID HIS WALK AND TURN REPEATEDLY NINE TO NINE WITHOUT BEING INSTRUCTED TO DO SO. TASK FOUR, ROMBERG ALPHABET, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID PERFORM THIS TASK SUCCESSFULLY. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE BACK OF MY PATROL VEHICLE. AT THAT TIME I RAN THE DEFENDANT THROUGH TELETYPE FOR A DRIVER'S LICENSE AND WARRANTS CHECK. THIS RESULTED IN TELETYPE ADVISING THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED DUE TO FAILURE TO PAY CHILD SUPPORT. THE DEFENDANT THEN SPONTANEOUSLY UTTERED, "I KNOW MY DRIVER'S LICENSE IS SUSPENDED". PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT IN HIS DRIVEWAY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY 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 .106 AND .102. 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, NUMBER (4771XDX) WITH A MANDATORY COURT APPEARANCE OF 040711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER (8201GJX9) FOR DRIVING ON A SUSPENDED DRIVER'S LICENSE, WITH A MANDATORY COURT DATE OF 030711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (8202GJXX) FOR SPEEDING (45/30) WITH A $256.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (8203GJXX) FOR FAILURE TO YIELD TO EMERGENCY VEHICLE, WITH A FINE AMOUNT OF $166.00, AND PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S TOTAL BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. A COPY OF THIS TRAFFIC STOP WILL BE LATER TURNED IN TO EVIDENCE. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
