| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0427 (AR11119251) 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(1). ON 020911AT APPROXIMATELY 1520 HOURS, I WAS DISPATCHED TO THE AREA OF STATE ROAD 44 IN THE CITY OF INVERNESS IN REFERENCE TO A RECKLESS VEHICLE. I WAS ADVISED THAT A BLACK EXPEDITION WAS BEING DRIVEN BY A WHITE FEMALE WEARING A PLAID SHIRT OR JACKET AND WAS ALL OVER THE ROAD AND RAN A VEHICLE OFF OF THE ROAD. ONCE I ARRIVED IN THE AREA I DID OBSERVE THE BLACK FORD EXPEDITION BEING DRIVEN BY THE DEFENDANT, MS ADELHEID LIVERMORE. DIRECTLY BEHIND THE DEFENDANT WAS A PATROL VEHICLE. AS I TURNED AROUND AT HIGHWAY 44 AND HIGHWAY 581 TO FOLLOW THE DEFENDANT'S VEHICLE DEPUTY RITLI WAS ATTEMPTING TO MAKE A TRAFFIC STOP ON THE SAME VEHICLE. THE DEFENDANT WAS NOT PULLING OVER FOR DEPUTY RITLI WHO HAD ACTIVATED HIS LIGHTS AND SIREN AND WAS FOLLOWING BEHIND THE DEFENDANT'S VEHICLE. ULTIMATELY THE DEFENDANT DID STOP AT THE INTERSECTION OF STATE ROAD 44 AND INDEPENDENCE HIGHWAY WHERE I PULLED IN AS A BACK UP DEPUTY. DEPUTY RITLI ADVISED ME THAT HE DID NOT KNOW ABOUT MY CALL, BUT WAS PULLING THIS VEHICLE OVER DUE TO ALMOST HITTING HIS VEHICLE AND DRIVING ERRATICALLY. DEPUTY RITLI ADVISED THE DEFENDANT STARTED PLACING SEVERAL PIECES OF GUM IN HER MOUTH WHEN DEPUTY RITLI WALKED UP. DEPUTY RITLI ASKED THE DRIVER TO STEP OUT OF THE VEHICLE AND ON TO THE SIDEWALK WHICH IS WHERE I MADE CONTACT WITH THE DEFENDANT AND DEPUTY RITLI. AT THAT POINT I TOOK OVER THE CALL. IN SPEAKING WITH THE DEFENDANT SHE WAS INDEED CHEWING SEVERAL PIECES OF GUM. WHILE WALKING TO THE SIDE WALK THE DEFENDANT WAS UNABLE TO MAINTAIN BALANCE AND DRIFTED TO THE LEFT AS SHE ATTEMPTED TO WALK FORWARD. ONCE ON THE SIDEWALK AND WHILE CONVERSING WITH THE DEFENDANT, SHE LOST HER BALANCE AND WAS SWAYING BACK AND FORTH AND HAD TO TAKE STEPS TO MAINTAIN BALANCE. I ASKED THE DEFENDANT IF SHE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS AND SHE STATED SHE WOULD. THE DEFENDANT FURTHER ADVISED SHE WAS TAKING MEDICATION PRESCRIBED BY A DOCTOR AND THAT IS THE REASON SHE COULD NOT MAINTAIN HER BALANCE. WHEN ASKED WHAT THE MEDICATIONS WAS TAKING THE DEFENDANT ADVISED THE MEDICATION WAS CELEBREX. 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 LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND THE RIGHT EYE DUE TO FAILURE TO TRACK THE PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED THIS TASK PRIOR TO COMPLETION OF THE INSTRUCTIONS. AFTER FIVE STEPS I STOPPED THE DEFENDANT AND ASKED HER TO GO BACK TO THE BEGINNING OF THE LINE SO I COULD COMPLETE THE INSTRUCTIONS. AFTER THE COMPLETION AND EXPLANATION OF THE INSTRUCTIONS THE DEFENDANT STATED SHE UNDERSTOOD THE INSTRUCTIONS. ONCE THE DEFENDANT BEGAN THIS TASK SHE WAS UNABLE TO WALK HEEL TO TOE. THE DEFENDANT DID TOUCH HER HEEL TO TOE ON THE FIFTH STEP ONLY. THE DEFENDANT RAISED HER ARMS ABOVE HER HIP LINE IN ORDER TO KEEP HER BALANCE AND STEPPED OFF THE LINE SIX OUT OF THE NINE STEPS. THE DEFENDANT FAILED TO FOLLOW THE INSTRUCTIONS ON HOW TO TURN AROUND. WHEN THE DEFENDANT DID TURN AROUND, SHE LOST HER BALANCE AND DRIFTED SEVERAL FEET AWAY FROM ME AND TO HER RIGHT. THE DEFENDANT WAS UNABLE TO WALK THE NINE STEPS BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ACKNOWLEDGED SHE UNDERSTOOD THE INSTRUCTIONS. THE DEFENDANT WAS UNABLE TO KEEP HER BALANCE WHILE BEING GIVEN THE INSTRUCTIONS AND WHILE PERFORMING THE TASK. THE DEFENDANT WAS UNABLE TO RAISE EITHER LEG FOR MORE THAN THREE SECONDS. THE DEFENDANT RAISED HER ARMS ABOVE THE HIP LINE TO GAIN BALANCE. AFTER TRYING TWICE SHE DISCONTINUED ATTEMPTS AT THIS TASK. TASK FOUR, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED SHE UNDERSTOOD THE INSTRUCTIONS. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS. THE DEFENDANT REPEATEDLY OPENED HER EYES AND LOOKED FORWARD TO REGAIN HER BALANCE. ON THE DEFENDANT'S FIRST ATTEMPT WITH HER RIGHT HAND SHE TOUCHED THE LEFT SIDE OF HER NOSTRIL WHERE IT TOUCHES HER CHEEK AND THEN TOUCHED THE TIP OF HER NOSE. ON THE DEFENDANT'S SECOND ATTEMPT USING HER LEFT HAND SHE TOUCHED THE RIGHT SIDE OF HER NOSTRIL WHERE IT TOUCHES HER CHEEK AND THEN TOUCHED THE TIP OF HER NOSE. ON THE THIRD ATTEMPT WITH HER LEFT HAND THE DEFENDANT TOUCHED THE LEFT SIDE OF HER NOSE AND THEN THE TIP OF HER NOSE. AT THIS POINT THE DEFENDANT DID NOT WISH TO PARTICIPATE IN ANY MORE FIELD SOBRIETY. I PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) IN BACK, SECURED IN THE BACK SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE DEFENDANT'S HUSBAND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY DETENTION STAFF. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF /HER BREATH WITH THE TEST RESULTS BEING .220 AND .210. 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 3048ESH4 WITH A MANDATORY COURT APPEARANCE OF 022411 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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* |
