| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11120300) 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 041611 AT APPROXIMATELY 0420 HOURS, I WAS TRAVELING SOUTH BOUND ON WEST HOMOSASSA TRAIL AND I OBSERVED TWO VEHICLES TRAVELING NORTH BOUND. THE FIRST VEHICLE WAS TRAVELING AT A SPEED OF 52 MILES PER HOUR (MPH) AND THE SECOND VEHICLE WAS TRAVELING AT A SPEED OF 71 MPH. BOTH OF THESE VEHICLES' SPEEDS WERE PICKED UP IN MY TARGET BOX ON MY RADAR EQUIPMENT. AT THIS TIME, I TURNED AROUND IN AN ATTEMPT TO STOP THE SECOND VEHICLE, AT WHICH POINT, I OBSERVED THE SECOND VEHICLE TO PULL UP TO THE RED LIGHT AT WEST HOMOSASSA TRAIL AND SOUTH ROCK CRUSHER ROAD. THE VEHICLE THEN MADE A LEFT HAND TURN THROUGH THE RED LIGHT, AT WHICH TIME, I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR THOMAS YATES, AND ADVISED HIM OF WHY I HAD STOPPED HIM AND ASKED HIM FOR HIS DRIVER'S LICENSE, INSURANCE, AND REGISTRATION. THE DEFENDANT HANDED ME HIS INSURANCE AND REGISTRATION AND THEN HANDED ME HIS BANK OF AMERICA CREDIT CARD. I ADVISED THE DEFENDANT THAT IT WAS HIS CREDIT CARD AND NOT HIS DRIVER'S LICENSE. AT WHICH POINT, THE DEFENDANT DROPPED HIS WALLET AND EVERYTHING IN IT FELL OUT. THE DEFENDANT THEN LOCATED HIS DRIVER'S LICENSE AND HANDED IT TO ME. I ASKED THE DEFENDANT WHY HE WAS DRIVING SO FAST TO WHICH HE ADVISED HIS ALTERNATOR WAS BAD AND THAT HE WAS JUST TRYING TO GET HOME. I IMMEDIATELY COULD DETECT AN ODOR OF ALCOHOL COMING FROM THE DEFENDANT'S BREATH. THE DEFENDANT'S SPEECH WAS HEAVILY SLURRED AND THE DEFENDANT SEEMED DISORIENTED. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS TO WHICH THE DEFENDANT COMPLIED. I HAD THE DEFENDANT STEP TO THE REAR OF HIS VEHICLE WHERE THE SURFACE WAS FLAT AND EVEN. 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, 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WHEN INSTRUCTED TO STAND WITH HIS RIGHT FOOT IN FRONT OF HIS LEFT FOOT HEEL TO TOE AND STAY IN THAT POSITION UNTIL I GOT FINISHED DEMONSTRATING THE TASK. THE DEFENDANT COULD NOT AND STOOD WITH HIS FEET APART AND ARMS CROSSED. WHEN THE DEFENDANT STARTED THE TASK, HE PUT HIS ARMS OUT TO MAINTAIN HIS BALANCE THEN ASKED IF HE HAD TO PUT HIS HANDS DOWN TO HIS SIDE TO WHICH I ADVISED HIM YES HE DID. THE DEFENDANT TURNED AROUND AND STARTED THE TASK OVER. THE DEFENDANT WHILE TAKING HIS FIRST NINE STEPS KEPT RAISING HIS ARMS AWAY FROM HIS SIDE TO MAINTAIN HIS BALANCE AND TOOK TEN STEPS. THE DEFENDANT DID NOT COUNT HIS STEPS OUT LOUD AT ANY TIME. THE DEFENDANT THEN TURNED AROUND AND ATTEMPTED TO TAKE NINE STEPS BACK. ON THE THIRD STEP, THE DEFENDANT LOST HIS BALANCE AND HAD TO USE HIS ARMS ONCE AGAIN TO STEADY HIMSELF. ON STEPS FOUR THROUGH SEVEN, THE DEFENDANT CRISS-CROSSED HIS FEET AND COULD NOT MAINTAIN HIS BALANCE. THE DEFENDANT AGAIN TOOK TEN STEPS DOWN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HIS RIGHT FOOT APPROXIMATELY SIX INCHES OFF THE GROUND, COUNTED TO ONE, AND PUT HIS FOOT DOWN. THE DEFENDANT PICKED HIS FOOT BACK UP AND STARTED COUNTING AGAIN ONLY TO PUT HIS FOOT BACK DOWN ON THE GROUND ON THE NUMBER THREE AND HELD IT THERE TO THE NUMBER 14. THE DEFENDANT THEN PICKED HIS FOOT UP AND STARTED COUNTING FROM NUMBER ONE AGAIN. THE DEFENDANT PUT HIS FOOT BACK DOWN AND AT THIS POINT THE TASK WAS COMPLETED AND THE DEFENDANT DID NOT PASS. 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 RELEASED TO HIS FATHER, MR TIM YATES. 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 .147 AND .149. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION (UTC), CITATION NUMBER 7399-GJX-1, WITH A MANDATORY COURT APPEARANCE ON 050211 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UTC NUMBER 7398-GJX-X, FOR VIOLATION OF A TRAFFIC CONTROL DEVICE WITH A $264.00 FINE, PAYABLE IN 30 DAYS AT THE CITRUS COUNTY CLERK OF COURTS AND ALSO ISSUED FLORIDA UTC NUMBER 7384-GJX-5 FOR UNLAWFUL SPEED WITH A FINE $166.00 PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY CLERK OF COURTS. *NOT-EXEMPT* "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 your are hearing or voice impaired, call 711.” |
