| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR10117699) 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 103110 AT APPROXIMATELY 2230 HOURS I RESPONDED TO NORTH SUNCOAST BOULEVARD AND WEST PENN DRIVE AS BACK UP TO DEPUTY LUDLOW, WHO WAS ON A TRAFFIC STOP. DEPUTY LUDLOW ADVISED that HE OBSERVED A WHITE VAN DRIVING NORTHBOUND ON NORTH SUNCOAST BOULEVARD WITH ITS EMERGENCY LIGHTS ON. DEPUTY LUDLOW PULLED BEHIND THE VEHICLE AND OBSERVED THAT THE PASSENGER SIDE WHEELS DID NOT HAVE ANY TIRES ON THEM and THAT IT WAS DRIVING ON ITS RIMS. DEPUTY LUDLOW CONDUCTED A TRAFFIC STOP ON THE VEHICLE. DEPUTY LUDLOW ADVISED HE MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER OF THE VEHICLE AND COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. WHEN ASKED WHERE HE WAS COMING FROM, THE DEFENDANT STATED MARGARITA GRILLE. THE DEFENDANT DID STATE THAT HE HAD BEEN DRINKING MARGARITAS AND JIM BEAM. DEPUTY LUDLOW AND I THEN HAD the DEFENDANT STEP OUT AND TO THE REAR OF HIS VEHICLE, TO PERFORM FIELD SOBRIETY TASKS. THE AREA THAT WE HAD HIM STEP TO WAS LEVEL, WITH SMOOTH PAVEMENT AND WAS ON THE SIDE OF THE ROADWAY. 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. THE DEFENDANT DID NOT HAVE SMOOTH PURSUIT IN EITHER EYE. DEPUTY LUDLOW HAD TO ADVISE THE DEFENDANT FOUR TIMES TO FOLLOW THE TIP OF HIS PEN WITH HIS EYES ONLY and NOT MOVE HIS HEAD. THE DEFENDANT STILL MOVED HIS HEAD WHEN FOLLOWING THE TIP OF THE PEN. DEPUTY LUDLOW AGAIN TOLD THE DEFENDANT TO FOLLOW THE TIP OF HIS PEN ONLY with HIS EYES AND TO NOT MOVE HIS HEAD. THE DEFENDANT DID NOT FOLLOW THE TIP OF THE PEN WITH EITHER HIS EYES OR HIS HEAD. DEPUTY LUDLOW AGAIN TOLD THE DEFENDANT TO FOLLOW ONLY WITH HIS EYES, WHICH HE FINALLY DID, BUT THERE WAS LACK OF SMOOTH PURSUIT IN EITHER EYE. THERE WAS DEFINITE ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES AND THE DEFENDANT WAS SWAYING BACK AND FORTH, FROM SIDE TO SIDE WHEN PERFORMING THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK THREE STEPS AND IMMEDIATELY TURNED AROUND AND TOOK FIVE STEPS BACK, AT which POINT I AGAIN EXPLAINED THE TASK TO THE DEFENDANT AND HAD HIM ATTEMPT TO DO IT AGAIN. THE DEFENDANT TOOK THREE STEPS AND LOST HIS BALANCE AND HAD TO START TAKING THE STEPS AGAIN. THE DEFENDANT DID NOT COUNT HIS STEPS OUT LOUD AND DID NOT TOUCH HEEL TO TOE AND TOOK ELEVEN STEPS DOWN, THEN TURNED AROUND AND LOST HIS BALANCE AGAIN. AFTER RECOVERING HIS BALANCE, THE DEFENDANT ATTEMPTED TO TAKE NINE STEPS BACK, BUT CONTINUOUSLY STOPPED AFTER EACH STEP and NOT TAKING ANY MORE STEPS UNTIL I PROMPTED HIM EACH TIME HE STOPPED TO CONTINUE TAKING THE NINE STEPS BACK. THE DEFENDANT TOOK TWELVE TOTAL STEPS BACK AND DID NOT STOP UNTIL I TOLD HIM TO. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED UP HIS RIGHT FOOT APPROXIMATELY ONE FOOT OFF THE GROUND AND DID NOT COUNT OUT LOUD. AFTER FOUR SECONDS, THE DEFENDANT PUT HIS FOOT DOWN and ASKED IF HE COULD START AGAIN, TO WHICH I THEN EXPLAINED AND DEMONSTRATED THE TASK TO HIM ONE MORE TIME. THE DEFENDANT THEN PICKED UP HIS LEFT FOOT and PROCEEDED TO ATTEMPT TO COMPLETE THE TASK, CONTINUOUSLY PUTTING HIS FOOT BACK ON THE GROUND. THE DEFENDANT ATTEMPTED TO COUNT OUT LOUD, BUT ONLY WHISPERED and STOPPED AFTER TWENTY SECONDS AND ASKED IF HE HAD TO GO ON, TO WHICH I TOLD HIM TO CONTINUE WITH THE TASK UNTIL I TOLD HIM TO STOP. AT THIS POINT THIRTY SECONDS HAD GONE BY AND THE DEFENDANT HAD STILL NOT TAKEN HIS FOOT OFF THE GROUND. AT THIS POINT I TOLD HIM THE TASK WAS OVER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY LUDLOW TO BE TURNED OVER TO THE DEFENDANT'S WIFE. 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 .187 AND .185. 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 7727-XBL-3, WITH A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO GIVEN A WRITTEN WARNING BY DEPUTY LUDLOW FOR DRIVING ON THE RIMS OF HIS VEHICLE. "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* |
