| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR)1136 THE DEFENDANT, MS AMBER NICOLE KELLEY, 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 051312 AT APPROXIMATELY 0220 HOURS, I RESPONDED AS BACKUP FOR DEPUTY HUGHES WHO WAS ON A TRAFFIC STOP AT THE ELKS CLUB ON GROVER CLEVELAND BOULEVARD. UPON MY ARRIVAL I MADE CONTACT WITH DEPUTY HUGHES WHO ADVISED THAT HE HAD STOPPED THE VEHICLE DUE TO ITS TAG LIGHT BEING INOPERATIVE, AS WELL AS THE FACT THAT IT HAD CROSSED OVER THE FOG LINE SEVERAL TIMES. I THEN MADE CONTACT WITH THE DEFENDANT, AND ASKED HER WHY SHE HAD BEEN STOPPED. SHE ADVISED THAT SHE HAD BEEN STOPPED BECAUSE HER TAG LIGHT WAS OUT. I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH, AS WELL AS NOTING THE DEFENDANT’S EYES TO BE GLOSSY. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING TONIGHT, TO WHICH SHE WOULD NOT REPLY. I THEN ASKED THE DEFENDANT IF SHE WOULD STEP OUT AND PERFORM A FIELD SOBRIETY TEST, TO WHICH SHE ADVISED THAT SHE WOULD NOT. I THEN ASKED THE DEFENDANT AGAIN IF SHE WOULD STEP OUT, AND SHE STATED, “NO, I’LL CALL MY LAWYER.” I THEN ADVISED THE DEFENDANT THAT PER STATE LAW, IF SHE REFUSED TO DO A FIELD SOBRIETY TEST THAT HER LICENSE WOULD BE SUSPENDED, THE DEFENDANT STILL REFUSED TO STEP OUT OF THE VEHICLE, AT WHICH TIME I TOLD HER THAT SHE DID NOT WANT TO RESIST. I THEN OPENED THE DEFENDANT’S DOOR AND HAD HER STEP OUT OF THE VEHICLE. SHE WAS THEN HANDCUFFED. AT THIS TIME IT WAS AGAIN EXPLAINED TO THE DEFENDANT WHAT WOULD HAPPEN IF SHE REFUSED THE FIELD SOBRIETY TEST, TO WHICH SHE THEN AGREED TO PERFORM THE FIELD SOBRIETY TEST. 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 HE/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 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HER ARMS OUT FROM HER SIDE, TO BALANCE HERSELF WHILE TAKING THE NINE STEPS. THE DEFENDANT DID NOT LOOK DOWN WHILE WALKING AND INSTEAD LOOKED STRAIGHT AHEAD. THE DEFENDANT DID NOT TOUCH HEEL TO TOE, FOR THE NINE STEPS AWAY AND BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, WHEN COUNTING TO THE NUMBER THREE, PUT HER FOOT DOWN AND THEN PICKED IT BACK UP, AND THEN COUNTED TO THIRTY IN A FAST MANNER, UNLIKE AS SHE HAD BEEN INSTRUCTED. THE DEFENDANT RAISED HER ARMS OUT FROM HER SIDE TO MAINTAIN HER BALANCE, AND DID LOOK STRAIGHT AHEAD. 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 VIA CARD. 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 STATED THAT SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY HUGHES, TO BE PICKED UP BY A FRIEND OF THE DEFENDANT THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 7775-XBLX WITH A MANDATORY COURT APPEARANCE OF 053112 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING, NUMBER 349116B, FOR NO TAG LIGHT, ISSUED BY DEPUTY HUGHES. |
