| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-5971) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 060813, I RESPONDED TO THE AREA OF WEST HOMOSASSA TRAIL AND WEST STONEWALL PLACE, HOMOSASSA, AS BACK UP FOR DEPUTY MERRITT WHO WAS ON A TRAFFIC STOP. UPON ARRIVAL DEPUTY MERRITT ADVISED HE HAD PREFORMED A TRAFFIC STOP DUE TO THE VEHICLE NOT BEING ABLE TO MAINTAIN A SINGLE LANE. DEPUTY MERRITT ALSO ADVISED WHEN HE MADE CONTACT WITH THE DEFENDANT HE COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH AND SHE WAS SLURRING HER SPEECH (REFERENCE HIS SUPPLEMENT). I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HER WHY SHE HAD BEEN STOPPED TO WHICH SHE STATED âI DONâT KNOW I WAS NEVER TOLD.â I THEN ADVISED HER WHY SHE HAD BEEN STOPPED AND WHILE SPEAKING WITH HER I COULD ALSO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I THEN ADVISED THE DEFENDANT TO STEP OUT OF HER VEHICLE SO SHE COULD PERFORM FIELD SOBRIETY TEST TO WHICH SHE DID. 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 WAS BIPOLAR BUT IT DID NOT AFFECT HER. 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. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT COMPLETE THIS TASK AS INSTRUCTED. THE DEFENDANT DID NOT KEEP HER HANDS DOWN TO HER SIDE INSTEAD PUTTING THEM OUT TO MAINTAIN HER BALANCE, COULD NOT COUNT AS INSTRUCTED AND REPEATEDLY SKIPPING NUMBERS SPECIFICALLY WHEN SHE COUNTED TO THE NUMBER 21 SHE THEN SKIPPED TO THE NUMBER 28 AND DID NOT CONTINUE. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT COMPLETE THIS TASK AS INSTRUCTED, TAKING 11 STEPS DOWN AND THEN ASKING ME IF âIT WAS NINE STEPS RIGHT.â THE DEFENDANT DID NOT KEEP HER HANDS DOWN TO HER SIDES WHILE TAKING HER STEPS, DID NOT WALK HEEL TO TOE, AND COULD NOT MAINTAIN HER BALANCE. EVEN WITH HER ARMS AWAY FROM HER SIDES, THE DEFENDANT COULD NOT MAINTAIN HER BALANCE. 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. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT DID NOT WANT TO SPEAK TO ME BUT WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY MERRITT TO BE PICKED UP BY A FRIEND PER THE DEFENDANTâS REQUEST. THE FIELD SOBRIETY TEST WERE VIDEO TAPED VIA IN VEHICLE CAMERA AND WILL BE LATER TURNED IN TO EVIDENCE. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT STATED THAT SHE WAS ON HER WAY TO PICK UP CIGARETTES AT THE RACE TRAC GAS STATION. I TOLD HER SHE WAS HEADING THE WRONG WAY TO WHICH SHE STATED SHE WAS PICKING UP A FRIEND FIRST. I THEN ADVISED HER THAT THERE WOULD HAVE BEEN TOO MANY PEOPLE IN HER VEHICLE TO WHICH SHE STATED âYEA I KNOW I AM THE TYPE OF PERSON WHO LIKES TO HELP OUT.â THE DEFENDANT STATED ALL SHE WANTED TO GO IS GET A DRINK AND THAT IS WHY SHE WAS GOING TO THE GAS STATION. THE DEFENDANT ALSO STATED ALL SHE WANTED TO DO WAS STAY AT HOME AND DRINK BUT HER FRIENDS KEPT CALLING HER TO PICK THEM UP SO SHE DID. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HER IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .271 AND .244. 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 7255XGA4 WITH A MANDATORY COURT APPEARANCE OF 062713 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7215WQB7, FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNING NUMBER 99037337 FOR DRIVER'S LICENSE NOT CARRIED, TRAFFIC WARNING NUMBER 99037338 FOR FAILED TO DISPLAY REGISTRATION, AND TRAFFIC WARNING NUMBER 99037339 FOR NO PROOF OF INSURANCE. |
