| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-7289) 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. ON 091413, AT APPROXIMATELY 2310 HOURS, I RESPONDED TO WEST GROVER CLEVELAND BOULEVARD AND SOUTH SUNCOAST BOULEVARD, AS BACK-UP OFFICER FOR DEPUTY HUGHES, WHO WAS ON A TRAFFIC STOP. UPON MY ARRIVAL I DID OBSERVED THE DEFENDANT, MR STEVEN EDWARD STEIN, STANDING AT THE FRONT OF DEPUTY HUGHESâ PATROL VEHICLE. DEPUTY HUGHES ADVISED HE STOPPED THE DEFENDANT FOR TRAVELLING 71 MPH IN A 45 MPH ZONE ON SOUTH SUNCOAST BOULEVARD. I THEN MADE CONTACT WITH THE DEFENDANT AND I IMMEDIATELY COULD DETECT A STRONG ALCOHOLIC ODOR EMITTING FROM HIS PERSON. I THEN ASKED THE DEFENDANT WHY HE WAS STOPPED AND HE STATED THAT HE DID NOT REALIZE THE SPEED LIMIT CHANGED SO QUICKLY AND THAT HE WAS SPEEDING. I ADVISED THE DEFENDANT THAT I COULD DETECT A STRONG ODOR OF ALCOHOL COMING FROM HIS BREATH, TO WHICH HE STATED âWELL YEAH I DRANK SOME JACK AND OJâ. THE DEFENDANT THEN STATED THAT JACK DANIELS AND ORANGE JUICE WAS WHAT HE LIKED TO DRINK. I THEN ASKED THE DEFENDANT IF HE WOULD MIND PERFORMING FIELD SOBRIETY TESTS AND HE STATED THAT HE WOULD PERFORM THEM. 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 PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS ARMS OUT TO HIS SIDE TO MAINTAIN HIS BALANCE AND ATTEMPTED TO TAKE NINE STEPS. WITH EACH STEP THE DEFENDANT EITHER LOST HIS BALANCE to the RIGHT OR to the LEFT. THE DEFENDANT COULD NOT WALK A STRAIGHT LINE AND COULD NOT TOUCH HEEL TO TOE ON HIS STEPS. WHEN THE DEFENDANT GOT TO STEP NUMBER NINE HE SPUN AROUND AND ATTEMPTED TO TAKE NINE STEPS BACK. THE DEFENDANT AGAIN PUT HIS ARMS OUT TO HIS SIDE TO HELP MAINTAIN HIS BALANCE AND WHEN HE GOT TO STEP NUMBER EIGHT HE STARTED TO FALL FORWARD BEFORE REGAINING HIS BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HIS ARMS OUT TO HIS SIDE AGAIN TO MAINTAIN HIS BALANCE. LIFTED HIS FOOT OFF OF THE GROUND AND COUNTED to the NUMBER SEVEN IN A FAST MOTION. THE DEFENDANT THEN PUT HIS FOOT DOWN AFTER LOOSING HIS BALANCE AND ATTEMPTED TO START OVER AGAIN AT NUMBER ONE. THE DEFENDANT REPEATED THIS ACTION TWO MORE TIMES. THE DEFENDANT DID NOT COMPLETE THIS TASK AND DID NOT FOLLOW INSTRUCTIONS. WHILE THE DEFENDANT WAS ATTEMPTING THE TASK HE KEPT STATING âI CANâT GO TO JAIL IN FLORIDAâ. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY HUGHES, TO BE TOWED BY ALL PRESTIGE TOWING. 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 .102 AND .100. 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, CITATION NUMBER 7290-XGA-7 WITH A MANDATORY COURT APPEARANCE ON 101013 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7544-WQB, FOR 51 MPH IN A 45 MPH ZONE, WITH A $131.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
