| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10116531) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 082610 AT APPROXIMATELY 2352 HOURS I RESPONDED AS BACK UP TO DEPUTY TABB ON A TRAFFIC STOP AT 1000 SE HIGHWAY 19. UPON MY ARRIVAL DEPUTY TABB ADVISED THAT HE WAS DRIVING WESTBOUND ON WEST FORT ISLAND TRAIL AND OBSERVED A VEHICLE THAT WAS EASTBOUND ON FORT ISLAND TRAIL TRAVELING TOWARD HIM, SHUT THEIR HEADLIGHTS OFF AND THEN DROVE INTO THE DITCH ON THE SOUTH SIDE OF THE ROADWAY. DEPUTY TABB ADVISED THAT HE TURNED AROUND ON the VEHICLE AND OBSERVED THE VEHICLE THEN DRIVE BACK ON TO FORT ISLAND TRAIL and THEN TURN LEFT ONTO SE CUTLER SPUR. DEPUTY TABB ADVISED WHEN THE VEHICLE MADE THE TURN, IT DROVE OFF THE ROAD INTO THE FIELD and THEN BACK ONTO SE CUTLER SPUR. DEPUTY TABB ADVISED THAT HE THEN ACTIVATED HIS EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP IN the REAR PARKING LOT OF MERCANTILE BANK. HE MADE CONTACT WITH THE DEFENDANT, WHO IS the DRIVER OF THE VEHICLE, AND WHEN SPEAKING with the DEFENDANT THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH AND HER EYES WERE BLOOD SHOT. AT this POINT WE HAD THE DEFENDANT WALK OVER TO THE RACE TRAC GAS STATION, which IS RIGHT NEXT TO MERCANTILE BANK TO PERFORM THE FIELD SOBRIETY TASKS, DUE TO THE HEAVY RAIN. THE AREA THAT I HAD THE DEFENDANT PERFORM THE TASKS WAS DRY AND COVERED BY A ROOF. 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. I HAD THE DEFENDANT TAKE HER GLASSES OFF TO PERFORM THIS TASK. I EXPLAINED AND DEMONSTRATED THIS TASK TO THE DEFENDANT AND WHEN I HAD THE DEFENDANT ATTEMPT TO COMPLETE THIS TASK, THE DEFENDANT COULD NOT FOLLOW THE STIMULUS WITHOUT TURNING HER HEAD AND COULD NOT KEEP HER HEAD TRAINED ON the STIMULUS. THE DEFENDANT REPEATEDLY STATED that THE STIMULUS, WHICH WAS A PEN THAT I WAS USING, WAS MESSING with HER EYES. THE DEFENDANT DID NOT COMPLETE THIS TASK AS INSTRUCTED. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, WHEN INSTRUCTED TO PLACE HER RIGHT FOOT IN FRONT OF HER LEFT FOOT HEEL TO TOE AND STAY IN THAT POSITION UNTIL I DEMONSTRATED AND EXPLAINED THE TASK TO HER, THE DEFENDANT COULD NOT MAINTAIN HER BALANCE WITHOUT HOLDING HER ARMS UP AT A 90 DEGREE ANGLE and COULD NOT KEEP HER RIGHT FOOT IN FRONT OF HER LEFT FOOT. THE DEFENDANT THEN STATED THAT NINE STEPS WAS A LOT. THE DEFENDANT THEN ATTEMPTED TO TAKE NINE STEPS and WHILE TAKING THOSE STEPS SHE DID NOT TOUCH HEEL TO TOE, KEPT HER ARMS UP AT A 90 DEGREE ANGLE TO MAINTAIN HER BALANCE AND DID NOT COUNT HER STEPS OUT LOUD. THE DEFENDANT ONLY TOOK EIGHT STEPS DOWN AND TWIRLED AROUND ON ONE FOOT. THE DEFENDANT THEN STARTED CRYING, STATING THAT SHE WAS GOING TO JAIL AND ASKED IF SHE HAD TO TAKE NINE STEPS BACK. I INSTRUCTED THE DEFENDANT TO TAKE NINE STEPS BACK, TO WHICH SHE DID NOT TOUCH HEEL TO TOE ON ANY STEPS AND TOOK THIRTEEN STEPS, AT WHICH POINT I STOPPED HER FROM WALKING ANY FURTHER. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HER RIGHT FOOT APPROXIMATELY ONE FOOT OFF THE GROUND AND USED HER ARMS TO BALANCE HERSELF. WHEN THE DEFENDANT GOT TO NUMBER 11 WHILE COUNTING, SHE JUST STARTED SAYING PLUS, PLUS, PLUS AND THEN PUT HER FOOT DOWN AND STATED SHE WAS DONE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY RUBY TO BE TOWED THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 2340-XBG-4 WITH A MANDATORY COURT APPEARANCE OF 091610 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 3474-GJX-1, FOR CARELESS DRIVING WITH A $166.00 FINE, AND UNIFORM TRAFFIC CITATION, NUMBER 3475-GJX-2, FOR DRIVING WITHOUT LIGHTS ON AT NIGHT, WITH A $166.00 FINE, BOTH FINES PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "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* |
