| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN (AR10115709) 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(1). ON 070610 AT APPROXIMATELY 2340 HOURS, WHILE IN THE AREA OF MACRAE'S BOAT RAMP OFF OF YULEE DRIVE, I OBSERVED A RED CHEVY PICK UP TRUCK PULL TO THE STOP SIGN AT CHEROKEE WAY AND YULEE DRIVE AND COME TO A STOP. I DID OBSERVE THE RIGHT BRAKE LIGHT TO BE INOPERATIVE, AT WHICH TIME I DID PULL IN BEHIND THE VEHICLE, WHICH WAS EASTBOUND ON YULEE DRIVE, AND ACTIVATED MY EMERGENCY LIGHTS AND DID CONDUCT A TRAFFIC STOP IN THE PARKING LOT OF 10780 WEST YULEE DRIVE. I MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER OF THE VEHICLE, AND ADVISED HIM OF THE REASON I STOPPED HIS VEHICLE. AT WHICH POINT HE DID STATE THAT HIS RIGHT TAILLIGHT WAS OUT. UPON THE DEFENDANT SPEAKING, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND HIS EYES DID HAVE A GLAZED LOOK ABOUT THEM. THE DEFENDANT, WHEN ASKED FOR HS DRIVER'S LICENSE, STATED THAT IT HAD BEEN TAKEN FROM HIM BY ANOTHER OFFICER A FEW WEEKS PRIOR, AND THEN TRIED TO RECITE HIS DRIVER'S LICENSE NUMBER, BUT COULD NOT. WHILE THE DEFENDANT WAS SPEAKING HIS SPEECH WAS SLURRED AND DRAWN OUT. AT THIS TIME I WENT BACK TO MY PATROL VEHICLE AND RAN THE DEFENDANT'S NAME THROUGH THE D.A.V.I.D. SYSTEM AND RECEIVED A PHOTO ID WHICH CONFIRMED THE DEFENDANT'S NAME THAT HE HAD GIVEN. AT THIS TIME I WENT BACK UP TO THE DEFENDANT AND ASKED HIM TO STEP OUT OF THE VEHICLE SO HE COULD PERFORM FIELD SOBRIETY TASKS, TO WHICH HE REPEATED WHAT I SAID AND AGREED TO PERFORM THEM. I HAD THE DEFENDANT GO AROUND THE REAR OF HIS VEHICLE TO THE PASSENGER SIDE, TO A FLAT SURFACE, SO HE COULD PERFORM THE TASKS. 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 HAVE A BAD LEFT KNEE, BUT THAT IT SHOULD NOT KEEP HIM FROM PERFORMING THE TASKS. 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. WHILE PERFORMING THE TASK THE DEFENDANT CONTINUALLY RETURNED HIS GAZE TO ME AND FOLLOWED THE PEN WITH NOT ONLY HIS EYES, BUT HIS HEAD AS WELL. TASK TWO, WALK AND TURN. WHEN THIS TASK WAS BEING EXPLAINED TO THE DEFENDANT, THE DEFENDANT KEPT TRYING TO INTERJECT AND TELL ME HOW TO DO THE TASK. AT WHICH POINT I HAD TO CONTINUALLY REPEAT MYSELF AND TELL THE DEFENDANT TO LET ME FINISH, AT WHICH TIME THE DEFENDANT THEN STATED TO ME THAT I DID NOT HAVE TO DEMONSTRATE THE TASK TO HIM. I THEN TOLD THE DEFENDANT THAT HE HAD TO FOLLOW MY INSTRUCTIONS AND LET ME FINISH DEMONSTRATING THE TASK TO HIM. WHILE DEMONSTRATING THE TASK, THE DEFENDANT DID NOT HOLD THE POSITION OF HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT AN HIS HANDS DOWN TO HIS SIDE, BY CONTINUOUSLY STEPPING TO THE SIDE TO REGAIN HIS BALANCE. WHEN THE DEFENDANT STARTED THE TASK, HE USED HIS HANDS TO BALANCE HIMSELF. AFTER THE DEFENDANT TOOK THE FIRST NINE STEPS HE TURNED AROUND, NOT KEEPING HIS LEAD FOOT ON THE GROUND AND HAD TO STOP TO REGAIN HIS BALANCE. THE DEFENDANT WALKED NINE STEPS BACK AND DID NOT TURN BACK AROUND UNTIL I TOLD HIM TO. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HIS LEFT FOOT IN THE AIR FOR MORE THAN EIGHT SECONDS AND PUT HIS LEFT FOOT DOWN FOUR TIMES TO REGAIN HIS BALANCE, STATING THAT HIS LEFT KNEE WAS BOTHERING HIM AND THAT IS WHY HE COULD NOT STAND ON HIS RIGHT LEG. THE DEFENDANT DID NOT COMPLETE THE TASK AS EXPLAINED TO HIM. WHILE COUNTING OUT LOUD THE DEFENDANT COUNTED TO NUMBER EIGHT, THEN SKIPPED AHEAD TO NUMBER TEN, THEN BACK TO NUMBER EIGHT, THEN RESTARTED AT NUMBER FOURTEEN AND WENT BACK TO NUMBER EIGHT, BEFORE NOT COMPLETING THE TASK. 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 AND THE DEFENDANT'S PASSENGER. 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 .219 AND .230. 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 2333-XBG-5 WITH A MANDATORY COURT APPEARANCE OF 072210 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING, NUMBER 99018417, FOR A RIGHT BRAKE LIGHT OUT. *NOT-EXEMPT* |
