| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR13-5321) DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: WHILE DRIVING THROUGH THE PARKING LOT OF WINN DIXIE, THE DEFENDANT SWERVED HER VEHICLE. HER VEHICLEâS LEFT FRONT BUMPER IMPACTED WITH THE LEFT REAR QUARTER PANEL OF ANOTHER VEHICLE THAT WAS PROPERLY PARKED IN THE PARKING LOT, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 042113, AT APPROXIMATELY 1936 HOURS, I WAS DISPATCHED TO THE WINN DIXIE GROCERY STORE LOCATED AT 6405 WEST GULF TO LAKE HIGHWAY IN CRYSTAL RIVER, IN REFERENCE TO A MINOR VEHICLE CRASH, WHICH INVOLVED NO PERSONAL INJURY. UPON MY ARRIVAL, I MADE CONTACT WITH VEHICLE ONEâS DRIVER, WHO WAS IDENTIFIED BY HER FLORIDA DRIVERâS LICENSE AS MS ALANA RICH. MS RICH STATED THAT SHE WAS TRAVELLING THROUGH THE PARKING LOT OF THE WINN DIXIE STORE AND LOOKING AT HER CELL PHONE. SHE SAID SHE SWERVED HER VEHICLE TO THE LEFT AND STRUCK A VEHICLE THAT WAS PARKED IN FRONT OF WINN DIXIE. MS RICHâS CAR, VEHICLE ONE, WAS DESCRIBED AS A WHITE IN COLOR 2011 FORD ESCAPE BEARING FLORIDA TAG NUMBER 436-IUC. THE VEHICLE HAD DAMAGE TO THE LEFT FRONT BUMPER. THE ESTIMATED COST TO REPAIR DAMAGE WAS VALUED AT $500.00. I NEXT MADE CONTACT WITH MS ELSIE COBB, WHO HAD BEEN SHOPPING INSIDE THE STORE AT THE TIME OF THE TRAFFIC CRASH. SHE STATED THAT HER HUSBAND OWNS THE VEHICLE WHICH WAS STRUCK. THE OWNER WAS IDENTIFIED AS MR LEE COBB. MS COBB HAD ALSO STATED THAT HER 12-YEAR-OLD DAUGHTER HAD BEEN SEATED IN THE FRONT SEAT AT THE TIME OF THE ACCIDENT. HER DAUGHTERâS NAME IS LYDIA COBB. MS COBBâS CAR, VEHICLE TWO, IS DESCRIBED AS A 2006 CHEVROLET AVEO BEARING FLORIDA TAG NUMBER V50-8FQ. THE VEHICLE HAD DAMAGE TO THE LEFT REAR QUARTER PANEL. THE ESTIMATED COST TO REPAIR DAMAGE WAS $500.00. I THEN MADE CONTACT WITH WITNESS ONE, MS SAMANTHA KELLY. MS KELLY STATED THAT SHE WAS TOLD ABOUT THE VEHICLE CRASH THAT HAD OCCURRED OUT IN THE PARKING LOT. SHE STATED THAT SHE WENT OUTSIDE WITH ANOTHER EMPLOYEE AND WENT TO SEE IF THE PEOPLE INVOLVED WERE ALRIGHT. SHE THEN STATED THAT THE DRIVER OF THE WHITE SUV (MS ALANA RICH) DID NOT GET OUT OF HER CAR TO SEE IF THE CHILD IN THE OTHER VEHICLE WAS OKAY. AFTER A FEW MINUTES HAD PAST, SHE STATED SHE CALLED THE SHERIFFâS OFFICE. I NEXT MADE CONTACT WITH THE NEXT WITNESS, MR JAMES BAUER. HE STATED HE HAD WITNESSED THE DRIVER OF THE WHITE SUV (MS ALANA RICH) TO BE DRIVING WHEN SHE STRUCK THE OTHER VEHICLE, WHICH WAS LEGALLY PARKED IN THE PARKING LOT. HE ALSO STATED THAT WHEN THE DRIVER OF THE WHITE SUV PARKED, THE DRIVER OF THE VEHICLE JUST DISCARDED WHAT APPEARED TO BE A BLUE AND SILVER BEER CAN OUT OF THE VEHICLE. HE FURTHER STATED THAT SHE WAS THE ONLY OCCUPANT IN THE VEHICLE AT THE TIME OF THE CRASH. WHILE SPEAKING WITH THE DRIVER OF VEHICLE ONE, MS ALANA RICH, SHE HAD SLURRED SPEECH AND GLASSY BLOOD-SHOT EYES. I ALSO DETECTED A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I ALSO OBSERVED THAT SHE HAD A DIFFICULTY MAINTAINING HER BALANCE WHILE I WAS SPEAKING WITH HER. I INFORMED MS RICH THAT SHE WAS GOING TO BE CITED FOR CAUSING THE CRASH, TO WHICH SHE STATED SHE UNDERSTOOD. AT THAT TIME, I INFORMED MS RICH THAT MY TRAFFIC CRASH INVESTIGATION WAS COMPLETE AND I WAS GOING TO BE CONDUCTING A CRIMINAL INVESTIGATION, WHICH WAS FOR DRIVING UNDER THE INFLUENCE RESULTING IN PROPERTY DAMAGE. AT THAT TIME, SHE WAS READ HER MIRANDA WARNING FROM AN AGENCY ISSUED PREPRINTED CARD. THE DEFENDANT STATED SHE UNDERSTOOD HER RIGHTS. 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 HER LEFT ANKLE WAS HURTING, BUT IT WOULD NOT PREVENT HER FROM PERFORMING ANY OF THE TASKS. I ASKED IF SHE WAS ON ANY MEDICATIONS AND SHE ADVISED SHE WAS PRESCRIBED XANAX, ZOLOFT AND BLOOD PRESSURE MEDICATION. I ASKED MS RICH IF SHE HAD ANYTHING TO DRINK. SHE SAID SHE WAS DRINKING BEER, BUT COULD NOT ADVISE HOW MANY. IT SHOULD BE NOTED, ALL TASKS WERE PERFORMED ON A SMOOTH, LEVEL SURFACE. DURING THESE TASKS, MY IN-CAR VIDEO CAMERA WAS ACTIVATED. 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 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. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT COULD NOT BALANCE DURING THE INSTRUCTIONAL PHASE. THE DEFENDANT MISSED HEEL-TO-TOE ON EACH STEP, USED BOTH ARMS FOR BALANCE, TOOK INCORRECT NUMBER OF STEPS, AND STEPPED OFF THE LINE. THE DEFENDANT STATED TO ME THAT, âIâM NOT AGILE.â TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK THE DEFENDANT SWAYED FROM SIDE TO SIDE, USED BOTH OF HER ARMS FOR BALANCE, PLACED HER FOOT DOWN ON COUNTS 1001 AND 1002 AND SHE COULD NOT COMPLETE THE TASK AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). 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 SAID SHE DID NOT UNDERSTAND AND DID NOT KNOW WHAT SHE WANTED TO DO. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER DAUGHTER, MS REBECCA DEMAKO. THE DEFENDANT WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND THE BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE DETENTION FACILITY, THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .188 AND .187. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 4805-GQF1, FOR CARELESS DRIVING WITH PAYABLE FINE OF $166.00. SHE WAS ALSO ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4811-XDX7, WITH MANDATORY COURT APPEARANCE OF 050913 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. ALL WITNESS STATEMENTS WERE COLLECTED AND LATER TURNED IN TO RECORDS. |
