| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR11123747) 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). did drive or was in the actual physical control of a vehicle at a time when his blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused DAMAGE TO THE PROPERTY OF another, to wit: THE window of a house and a mailbox, in violation of Florida STATE Statute 316.193(3)(A)(B)(C)(1). ON 120111 AT APPROXIMATELY 0220 HOURS, I RESPONDED TO THE AREA OF ROCK CRUSHER ROAD AND CAGNEY LOOP IN HOMOSASSA IN REFERENCE TO A TRAFFIC ACCIDENT. UPON MY ARRIVAL, I WAS IMMEDIATELY APPROACHED BY THE DEFENDANT WHO STATED THAT HE WAS PUTTING A DIP IN AND THE WHEELS WENT OFF OF THE ROADWAY AND HE LOST CONTROL. I THEN ASKED THE DEFENDANT WHO HE WAS TO WHICH HE STATED DANIEL SCHEER "I WAS DRIVING THE VEHICLE ON ROCK CRUSHER AND LOST CONTROL AND THEN WE FLIPPED, IS MY FRIEND ALL RIGHT THAT IS ALL I CARE ABOUT". I THEN ASKED THE DEFENDANT WHAT HAPPENED AND HE STATED HE WAS DRIVING EAST ON ROCK CRUSHER ROAD AND PUT A DIP IN AND THE WHEELS WENT OFF OF THE ROAD AND "I LOST CONTROL". I COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH WHILE THE DEFENDANT WAS SPEAKING. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TONIGHT TO WHICH HE STATED "YES, BUT I AM NOT GOING TO DISCLOSE WHERE AT THOUGH". I THEN TOLD THE DEFENDANT THAT I WAS SWITCHING FROM AN ACCIDENT INVESTIGATION TO A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION TO WHICH THE DEFENDANT STATED "HE UNDERSTOOD". THE DEFENDANT WAS MEDICALLY CLEARED PRIOR TO PERFORMING ANY FIELD SOBRIETY TASKS. I ASKED THE DEFENDANT IF HE HAD ANY PHYSICAL OR MENTAL DISABILITIES THAT WOULD PREVENT HIM FROM PERFORMING THE TASKS TO WHICH HE STATED "NO". 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, THE DEFENDANT DID NOT FOLLOW THE TIP OF THE PEN WITH HIS EYES BUT INSTEAD MOVED HIS HEAD SIDE TO SIDE. THE DEFENDANT HAD ONSET OF NYSTAGMUS IMMEDIATELY AND PRIOR TO 45 DEGREES IN BOTH EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, WHILE THE DEFENDANT TOOK HIS FIRST TEN STEPS, HE USED HIS ARMS TO MAINTAIN HIS BALANCE BY PLACING THEM AWAY FROM HIS BODY. WHEN THE DEFENDANT ARRIVED ON STEP NUMBER NINE, HE TOOK HIS LAST NINE STEPS BACKWARDS. THE DEFENDANT DID NOT FOLLOW MY INSTRUCTIONS AND REPEATEDLY STARTED THE TASK WITHOUT BEING TOLD TO START. THE DEFENDANT ALSO STATED TO MYSELF AND DEPUTY MERRITT THAT HE HAD BEEN DRINKING SO HE WOULD NOT BE ABLE TO PERFORM THE TASK AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HIS LEFT LEG AND BEGAN TO COUNT TO 30. THE DEFENDANT AGAIN USED HIS ARM TO BALANCE HIMSELF AND SWAYED BACK AND FORTH WHILE PERFORMING THIS TASK. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. WHEN THE DEFENDANT WAS TOLD HE WAS BEING PLACED UNDER ARREST HE STATED "THAT'S FINE I MADE A MISTAKE BUT I HOPE MY FRIEND IS OKAY". THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY MERRITT. ON THE WAY TO THE DETENTION FACILITY, THE DEFENDANT STATED THAT HE NOT HAD BEEN DRINKING BUT SMOKING FAKE MARIJUANA WITH THE PASSENGER. I THEN MADE CONTACT WITH THE HOME OWNER WHERE THE CRASH HAD OCCURRED. MS STOKES ADVISED THAT SHE HAD HEARD A LOUD BANG SO SHE LOOKED OUTSIDE AND SAW SMOKE AND A BUNCH OF DEBRIS. MS STOKES STATED THAT SHE WENT BACK IN THE RESIDENCE TO CALL HER "NANA" AND SHE THEN HEARD BANGING ON HER DOOR. MS STOKES ADVISED THAT WHEN SHE OPENED THE DOOR THE DEFENDANT WAS STANDING THERE AND STATED THAT HE HAD FLIPPED HIS TRUCK AND THAT HIS FRIEND WAS STUCK INSIDE. MS STOKES FILLED OUT A SWORN STATEMENT TO THAT FACT. 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 BOTH TEST RESULTS AS .134 AND .134. THE DEFENDANT WAS ISSUED A FLORIDA DUI CITATION, NUMBER 7758-XBL-X, FOR DUI AND FLORIDA DUI CITATION, NUMBER 7759-XBL-X, FOR DUI WITH PROPERTY DAMAGE BOTH HAVE A MANDATORY COURT APPEARANCE ON 121511 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION, NUMBER 9305-ROZ-4, FOR SAFETY BELT VIOLATION WITH A FINE OF $113.00 AND UNIFORM TRAFFIC CITATION, NUMBER 9304-ROZ-3, FOR CARELESS DRIVING WITH A FINE OF $166.00 PAYABLE IN 30 DAYS TO THE CITRUS COUNTY CLERK OF COURTS. THE DEFENDANT'S BOND WAS SET AT $1,000.00 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
