| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11122105) On 08/06/2011 at approximately 0206 hours, I responded as back up for DEPUTY Hughes, who was on a traffic stop on Oak Park BOULEVARD, behind the Publix Supermarket, located at 9525 SOUTH Suncoast BOULEVARD. DEPUTY Hughes advised that while on patrol in the area of WEST Ponce De Leon Blvd and SOUTH Suncoast BOULEVARD, he observed a pickup eastbound on WEST Ponce De Leon BOULEVARD. DEPUTY Hughes advised that he observed the truck cross over the grass median in a northerly direction and then cross over the west bound traffic lanes on WEST Ponce De Leon BOULEVARD. DEPUTY Hughes advised the truck then drove behind the Publix Supermarket and onto WEST Oak Park Lane. When DEPUTY Hughes pulled behind the truck, the driver's side door was open, but the defendant/driver was sitting in the truck. DEPUTY Hughes then activated his emergency equipment and stopped the vehicle. When DEPUTY Hughes made contact with the defendant and advised him of why he had stopped the defendant. DEPUTY Hughes advised that the defendant just stared at him blankly. I then made contact with the defendant and asked him if he knew why he had been stopped. The defendant stated that he was stopped, because he drove through the median. I could immediately detect a strong odor of an alcoholic beverage emitting from the defendant's breath. I asked the defendant if he had anything to drink tonight, to which he stated, "yes a couple of beers." I then asked the defendant if he would step out of his vehicle to perform standardized field sobriety tASKS, to which he agreed. When the defendant stepped out of his vehicle, he took one step and stumbled having to grab the side of his truck to keep himself from falling. The defendant continued to hold the side of the truck as he walked to the rear. 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. While performing this task the defendant could not follow the pen from side to side with his eyes. The defendant was constantly moving his head from side to side and would not follow the tip of the pen. There was distinct nystagmus at maximum deviation. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT While performing this task, the defendant stared down at his feet and took very slow and deliberate steps. The defendant could not touch heel to toe on any of his first steps. The defendant did not count his steps out loud until he took his seventh step, at which time, he started counting with the number six. The defendant took TEN steps and attempted to turn around. When the defendant turned around, he lost his balance. The defendant attempted to take one step, but lost his balance again almost falling face first to the ground, but regained his balance. The defendant again did not touch heal to toe on any step and took a total of 11 steps. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. When performing this task the defendant lifted his right foot off of the ground and lost his balance having to place his foot on the ground to regain his balance. The defendant left his foot on the ground for three seconds before picking his right foot back off of the ground and held IT off of the ground for seven seconds. The defendant than placed his foot back on the ground for the remainder of the task. The defendant's vehicle was left on scene with DEPUTY Hughes to be picked up by his father. The defendant was PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) AND transported to the Citrus County Detention Facility FOR BOOKING AND PROCESSING, 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 .12 AND .119. The defendant was issued Florida Uniform Traffic Citation 8486-GJX3 for Crossing/Driving on Median with a fine of $166.00 payable within 30 days to the Citrus County Clerks Office. The defendant was also issued Florida CRIMINAL DUI Citation 4821-XDX-9 with a court date of 082511 at 1300 HOURS at the Citrus County Courthouse. The defendant's bond was set at $500.00 per the bond schedule. "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* |
