| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10117700) 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 110110 AT APPROXIMATELY 0115 HOURS I RESPONDED AS BACK UP TO DEPUTY TABB, WHO WAS OUT WITH A VEHICLE THAT WAS PARKED IN BETWEEN TWO TREES, JUST NORTH OF TURKEY OAK DRIVE ON NORTH SUNCOAST BOULEVARD. DEPUTY TABB ADVISED THAT WHILE HE WAS ON PATROL ON NORTH SUNCOAST BOULEVARD HE OBSERVED A VEHICLE THAT WAS PARKED IN BETWEEN TWO TREES OFF OF THE ROADWAY ON NORTH SUNCOAST BOULEVARD. DEPUTY TABB ADVISED THAT HE PULLED UP BEHIND THE VEHICLE AND OBSERVED THE DEFENDANT SLUMPED OVER THE WHEEL, PASSED OUT. DEPUTY TABB ADVISED THAT WHEN HE WALKED UP TO THE VEHICLE THE VEHICLE WAS STILL IN THIRD GEAR and THAT WHEN HE WOKE THE DEFENDANT, THE DEFENDANT IMMEDIATELY GRABBED THE STEERING WHEEL and STARTED SHOUTING "I CAN'T STOP, I CAN'T STOP, I'M OFF THE ROAD". DEPUTY TABB TOLD THE DEFENDANT THAT HE WAS ALREADY OFF THE ROADWAY AND STOPPED, and ASKED HIM TO PUT THE VEHICLE IN PARK. DEPUTY TABB ASKED THE DEFENDANT IF HE KNEW WHERE HE WAS AT, TO WHICH HE STATED "IN INGLIS and THAT HE WAS COMING BACK FROM THE Mouse trap". I THEN APPROACHED THE DEFENDANT, WHO WAS STILL SITTING BEHIND THE WHEEL AND ASKED HIM IF HE KNEW WHY THE DEPUTY HAD STOPPED HIM, TO WHICH IN A HEAVILY SLURRED SPEECH STATED BECAUSE HIS REGISTRATION wasn't RIGHT AND THEN HE STARTED MUMBLING THE NUMBERS ONE, TWO, THREE, THEN FOUR AND THEN STATED THAT HE WAS JUST COMING FROM THE MOUSE TRAP. I ASKED THE DEFENDANT IF HE KNEW WHERE HE WAS, TO which HE STATED IN INGLIS AT THE SHRIMP BOAT RAMP. WHILE SPEAKING WITH THE DEFENDANT I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. I ASKED THE DEFENDANT IF HE WOULD STEP OUT AND PERFORM FIELD SOBRIETY TASKS, TO WHICH HE STATED YES. WHILE WALKING TO THE REAR OF THE DEFENDANT'S VEHICLE THE DEFENDANT STATED "I KNOW I AM INTOXICATED BUT I AM IN INGLIS, ALMOST HOME". 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 AT TWENTY FIVE TO THIRTY DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. WHILE PERFORMING THIS TASK THE DEFENDANT REPEATEDLY HAD TO LEAN AGAINST THE REAR OF HIS VEHICLE TO MAINTAIN HIS BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, WHEN TAKING HIS FIRST NINE STEPS, LOST HIS BALANCE ON THE SECOND STEP AND THE FIFTH STEP AND DID NOT TOUCH HEEL TO TOE ON ANY STEPS. THE DEFENDANT TURNED AROUND ON HIS NINTH STEP AND WHILE TAKING NINE STEPS BACK, USED HIS ARMS TO MAINTAIN HIS BALANCE, DID NOT TOUCH HEEL TO TOE ON ANY STEP, BUT RATHER WALKED WITH his FEET SIDE BY SIDE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED THAT SINCE HE WAS LEFT HANDED HE WOULD RAISE HIS LEFT FOOT OFF THE GROUND, TO which I STATED HE COULD DO. WHEN I HAD THE DEFENDANT START THE TASK, HE PUT HIS LEFT FOOT IN FRONT OF THIS RIGHT FOOT ON THE GROUND, LEANED FORWARD AND COUNTED TO TEN, THEN STARTED BACK AT THE NUMBER ONE AND COUNTED TO NUMBER NINE, THEN AT THE TWENTY SECOND MARK HE PUT BOTH FEET SIDE BY SIDE AND STOOD THERE FOR THE REMAINING TEN SECONDS OF THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. TO which HE THEN STATED "I KNOWN I AM REALLY INTOXICATED BUT I AM NOT THAT INTOXICATED". THE DEFENDANT THEN STATED "I KNOW I AM TOO INTOXICATED TO DRIVE, BUT WAS I REALLY THAT INTOXICATED THAT I DID NOT PASS THE TEST?" PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE PER THE OWNER'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY LUDLOW, 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 .113 and .109. 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 7728-XBL-4, WITH A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS 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* |
