| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR09112219) 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 FLORIDA STATE STATUTE 316.193. ON 120309, AT APPROXIMATELY 2145 HOURS, I RESPONDED TO THE AREA OF 5359 SOUTH SUNCOAST BOULEVARD IN REFERENCE TO ASSISTING DEPUTY PARSONS ON A TRAFFIC STOP. UPON ARRIVAL I WAS ADVISED BY DEPUTY PARSONS THAT HE HAS STOPPED THE DEFENDANT DRIVING THE 1992 GOLD PONTIAC IN REFERENCE TO THE VEHICLE BEING INVOLVED IN A POSSIBLE DOMESTIC DISTURBANCE REFERENCE INCIDENT I09249992. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS STILL IN THE DRIVER'S SEAT AND ASKED HIM WHY THE DEPUTY HAD STOPPED HIM. HE ADVISED IT WAS IN REFERENCE TO AN INCIDENT WHICH HAPPENED WITH HIS GIRLFRIEND. WHILE SPEAKING WITH THE DEFENDANT I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS SPEECH WAS SLURRED AND HIS EYES WERE WATERY. I ASKED THE DEFENDANT IF HE HAD ANYTHING TO DRINK TONIGHT, TO WHICH HE STATED HE DID. I THEN ASKED THE DEFENDANT WHEN HE HAD STOPPED DRINKING, TO WHICH HE REPLIED, "ABOUT AN HOUR AGO". I THEN ADVISED THE DEFENDANT TO STEP OUT OF THE VEHICLE SO HE COULD PERFORM SOBRIETY TASKS, TO WHICH HE REPLIED, "OKAY". I HAD THE DEFENDANT STEP BEHIND HIS VEHICLE TO A SMOOTH, HARD SURFACE. 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; FINGER TO NOSE TASK. PRIOR TO PERFORMING THIS TASK IT WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK THE DEFENDANT WAS INSTRUCTED TO TAKE HIS RIGHT FINGER AND TOUCH THE TIP OF HIS NOSE, AT WHICH POINT HE TOOK HIS RIGHT FINGER AND TOUCHED THE BRIDGE OF HIS NOSE AND DID NOT REMOVE IT UNTIL I TOLD HIM TO. I AGAIN EXPLAINED TO THE DEFENDANT THAT WHEN INSTRUCTED TO TOUCH THE TIP OF HIS NOSE, HE SHOULD TOUCH THE TIP OF HIS NOSE AND IMMEDIATELY PUT HIS HAND OUT TO HIS SIDE AND NOT WAIT FOR ME TO TELL HIM TO. THE DEFENDANT STATED THAT HE UNDERSTOOD. I THEN HAD THE DEFENDANT TAKE HIS LEFT INDEX FINGER AND TOUCH THE TIP OF HIS NOSE, WHICH HE THEN TOUCHED THE BRIDGE OF HIS NOSE AND KEPT IT THERE FOR A FEW SECONDS UNTIL I HAD TO TELL HIM TO PUT HIS FINGER BACK OUT TO HIS SIDE. WHILE ATTEMPTING TO COMPLETE THE TASK THE DEFENDANT DID NOT KEEP HIS EYES CLOSED OR HIS HEAD TILTED BACK. THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK TWO; ONE LEG STAND. PRIOR TO PERFORMING THIS TASK IT WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE TASK THE DEFENDANT STARTED TAKING STEPS TOWARD ME, AT WHICH POINT I ADVISED HIM THE TASK WAS TO RAISE HIS RIGHT FOOT OFF THE GROUND AND NOT TO WALK. THE DEFENDANT THEN LIFTED HIS RIGHT FOOT OFF THE GROUND AND IMMEDIATELY PLACED IT BACK DOWN TO BALANCE HIMSELF. THE DEFENDANT REPEATED THIS TWO MORE TIMES AND THEN LIFTED HIS FOOT OFF THE GROUND AND STARTED COUNTING WITH THE NUMBER THREE UNTIL HE GOT TO THE NUMBER TEN. TASK THREE; THE WALK AND TURN TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HIS RIGHT FOOT IN FRONT OF HIS LEFT AND WAS BALANCING HIMSELF WITH HIS ARMS, AND CROSSED HIS FEET NUMEROUS TIMES. THE DEFENDANT COULD NOT COMPLETE THE TASK AS IT WAS EXPLAINED AND DEMONSTRATED TO HIM. TASK FOUR; HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK IT WAS DETERMINED THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THERE WAS A LACK OF SMOOTH PURSUIT IN BOTH LEFT AND RIGHT EYE. ALSO THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK FOUR, RHOMBERG ALPHABET TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID COMPLETE THE ALPHABET A THROUGH Z CORRECTLY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE PER THE DEFENDANT'S REQUEST. 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/HER BREATH WITH THE TEST RESULTS BEING .127 AND .130. 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 3186-XDQ-2 WITH A MANDATORY COURT APPEARANCE OF 01072010 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. DEPUTY PARSONS ALSO ISSUED THE DEFENDANT UNIFORM TRAFFIC CITATION, NUMBER 8462-FYK-4, FOR NO PROOF OF INSURANCE WITH A $113.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
