| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR12-3754) 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/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 120712, I RESPONDED TO DEPUTY RICHEYâS LOCATION, WHO HAD CONDUCTED A TRAFFIC STOP AT THE INTERSECTION OF NE 8TH AVENUE AND GOVERNORâS BOULEVARD. UPON MY ARRIVAL, DEPUTY RICHEY ADVISED ME OF WHY HE HAD STOPPED THIS VEHICLE, DUE TO ITS EXCESSIVE SPEED AND ERRATIC DRIVING. SEE HIS SUPP FOR DETAILS. I THEN MADE CONTACT WITH THE DEFENDANT, MS MELISSA HAMILTON, WHO WAS STILL IN THE DRIVERâS SEAT OF THE VEHICLE. I ASKED THE DEFENDANT IF SHE KNEW WHY SHE HAD BEEN STOPPED, AND SHE STATED THAT SHE DID NOT KNOW. I ADVISED HER THAT SHE HAD BEEN STOPPED DUE TO HER EXCESSIVE SPEED. DURING THIS TIME, I COULD SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANTâS BREATH. I ASKED THE DEFENDANT IF SHE WOULD STEP OUT FROM HER VEHICLE AND PERFORM STANDARDIZED FIELD SOBRIETY TESTING, TO WHICH SHE STATED THAT SHE WOULD. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO START THE TASK BEFORE BEING INSTRUCTED, AND WHEN SHE DID BEGIN, SHE LIFTED HER RIGHT FOOT ABOUT A FOOT OFF OF THE GROUND, AND DID NOT POINT HER TOE OUTWARD, AND COUNTED TO THE NUMBER SEVEN. THE DEFENDANT THEN LOST HER BALANCE, AND STATED, âTHIS IS FUCKING STUPID.â I THEN EXPLAINED THE TASK AGAIN TO THE DEFENDANT, AND SHE LIFTED HER FOOT AGAIN APPROXIMATELY ONE FOOT FROM THE GROUND, COUNTING TO TWENTY, STARTING FROM NUMBER ONE, INSTEAD OF NUMBER EIGHT. THE DEFENDANT THEN AGAIN LOST HER BALANCE, AT WHICH POINT SHE ASKED ME WHAT I WANTED HER TO COUNT, TO. I EXPLAINED THAT THE TASK WAS TO COUNT TO THIRTY. THE DEFENDANT THEN STARTED THE TASK AGAIN AT THE NUMBER ONE, COUNTING TO FOUR, AT WHICH TIME I TOLD HER STOP. THE DEFENDANT DID NOT PASS THIS TEST. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AGAIN BEGAN THE TASK PRIOR TO BEING INSTRUCTED TO, AND SHE DID NOT WAIT FOR MY INSTRUCTIONS. WHEN SHE BEGAN TO TAKE HER STEPS, SHE COUNTED TO THE NUMBER SIX, TURNED AROUND, AND COUNTED TO SEVEN, EIGHT, AND ALL THE WAY TO NUMBER TWELVE, THEN STOPPED. I HAD HER REPEAT THIS TASK AFTER EXPLAINING IT AGAIN, AND SHE TOOK EIGHT STEPS, TURNED AROUND, AND COUNTED, NINE, TEN, ELEVEN AND TWELVE, AT WHICH POINT SHE STOPPED AT FOURTEEN. THE DEFENDANT DID NOT PASS THIS TASK. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD OR WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH, AND THAT SHE DID NOT UNDERSTAND HER RIGHTS. THE DEFENDANT WAS AGAIN READ HER MIRANDA RIGHTS, AND WAS ADVISED THAT REFUSING TO SUBMIT TO A TEST OF HER URINE OR BLOOD COULD LEAD TO HER DRIVER'S LICENSE BEING SUSPENDED FOR A YEAR FOR REFUSAL. THE DEFENDANT STATED THAT SHE DID NOT CARE, BEGAN TO CRY, AND ASKED IF I COULD JUST DRIVE HER HOME. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY RICHEY, TO BE PICKED UP BY THE OWNER THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .227 AND .222. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. 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 7187XGA9 WITH A MANDATORY COURT APPEARANCE OF 010313, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9231GQF5, FOR UNLAWFUL SPEED S OF 65 MILES PER HOUR (MPH) IN A 45 MPH ZONE, WITH A $280.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
