| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR07004924) 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 090507 AT APPROXIMATELY 0228 HOURS, WHILE ON ROUTINE PATROL TRAVELING SOUTHBOUND ON U S HIGHWAY 41,I OBSERVED THE DEFENDANT, MS AMANDA MULLEN OPERATING HER MOTOR VEHICLE BEING A RED CHEVROLET PICK-UP TRUCK IN THE MIDDLE OF THE RIGHT AND LEFT SOUTHBOUND LANES. THE VEHICLE WAS TRAVELING AT A SPEED OF APPROXIMATELY 35 MILES PER HOUR. I THEN OBSERVED THE DEFENDANT'S VEHICLE CROSS COMPLETELY OVER INTO THE RIGHT SOUTHBOUND LANE NEARLY STRIKING THE CURB AT INVERNESS BOULEVARD. THE VEHICLE THEN CROSSED BACK INTO THE LEFT LANE WITH THE DRIVER'S SIDE TIRES RIDING UP ON THE GRASS OF THE MEDIAN. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIREN AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE BEFORE THE DEFENDANT CAUSED AN ACCIDENT. THE VEHICLE THEN CAME TO A STOP IN THE AREA OF U S HIGHWAY 41 SOUTH AND FORT COOPER ROAD. I THEN MADE CONTACT WITH THE DEFENDANT AT HER VEHICLE, TO WHICH HER EYES WERE BLOODSHOT AND SHE HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. I THEN ASKED THE DEFENDANT FOR HER DRIVER'S LICENSE, REGISTRATION AND INSURANCE, AT WHICH TIME, SHE HAD A HARD TIME LOCATING THE INFORMATION IN HER PURSE, BUT LATER WITH MY HELP WAS ABLE TO FIND IT. I ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK, TO WHICH SHE ADVISED THAT SHE HAD APPROXIMATELY THREE BACARDI'S BEFORE LEAVING HER PLACE OF EMPLOYMENT. I THEN REQUESTED THE DEFENDANT TO EXIT HER VEHICLE AND RESPOND TO THE REAR OF THE VEHICLE. UPON THE DEFENDANT EXITING THE VEHICLE SHE WAS VERY UNSTEADY ON HER FEET. THE DEFENDANT WALKED TO THE REAR HER VEHICLE, AT WHICH TIME, I ASSISTED HER TO KEEP HER FROM FALLING IN THE ROADWAY. ONCE AT THE REAR OF THE DEFENDANT'S VEHICLE I ASKED THE DEFENDANT IF SHE WOULD SUBMIT TO FIELD SOBRIETY TASKS, 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 THE DEFENDANT HAD NO PROBLEMS WITH HIS/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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT HAD TO BE TOLD SEVERAL TIMES NOT TO MOVE HER HEAD AND WAS VERY UNSTEADY ON HER FEET WHILE PERFORMING THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THIS TASK HAD TO BE EXPLAINED TO THE DEFENDANT FOUR TIMES AND EACH TIME THE DEFENDANT ADVISED THAT SHE COULD NOT DO THE TASK, BUT WOULD TRY ANYWAY. DURING THIS TASK THE DEFENDANT DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE, LOST HER BALANCE THEN TURNED AROUND AND STATED THAT SHE COULD NOT DO THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THIS TASK HAD TO BE EXPLAINED TO THE DEFENDANT THREE TIMES. DURING THIS TASK THE DEFENDANT STARTED BEFORE BEING INSTRUCTED TO DO SO, PICKED HER FOOT UP AND AUTOMATICALLY PUT IT DOWN, USED HER ARMS TO ASSIST WITH BALANCE AND ALSO ADVISED THAT SHE COULD NOT DO THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS 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 WAS ALSO READ MIRANDA VIA A MIRANDA CARD. THE DEFENDANT STATED THAT SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER HUSBAND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. A BREATHALYZER REFUSAL FORM WAS COMPLETED AND SIGNED BY THE BREATHALYZER OPERATOR. 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, 7263-XAD, FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 092007 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER, 7281-BGI3, FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
