| Probable cause affidavit: |
SUBMITTED BY: DOLL, RANDALL FHP1407 (AR08104842) 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 082308, AT APPROXIMATELY 0730 HOURS, WHILE ON PATROL TRAVELING NORTHBOUND ON COUNTY ROAD 491, I OBSERVED A WHITE FOUR DOOR JEEP BEING OPERATED BY THE DEFENDANT TRAVELING SOUTHBOUND AT A HIGH RATE OF SPEED. I CLOCKED THE SPEED OF THE VEHICLE AT 71 MILES AN HOUR IN A POSTED 55 MILE PER HOUR ZONE. I IMMEDIATELY TURNED AROUND ON THE VEHICLE AND CONDUCTED A TRAFFIC STOP. I MADE CONTACT WITH THE DRIVER OF THE VEHICLE WHO STATED SHE WAS SPEEDING TO GET BACK TO HER HOUSE TO PICK UP HER DRIVER'S LICENSE SO THAT SHE COULD GET TO WORK ON TIME. THE DRIVER PROVIDED ME WITH HER NAME AND DATE OF BIRTH WHICH WAS CHECKED THROUGH "DAVID" AND FCIC/NCIC. THE DRIVER WAS POSITIVELY IDENTIFIED THROUGH "DAVID" AS MS ANGELA LYN KING, DATE OF BIRTH: 090284. WHILE SPEAKING WITH THE DRIVER/DEFENDANT, I OBSERVED THAT SHE WAS NOT WEARING A SEAT BELT, AND I DETECTED A HEAVY ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE INTERIOR OF THE VEHICLE. THE DRIVER HAD RED BLOODSHOT AND WATERY EYES AND HAD SLURRED speech. THE DRIVER STATED SHE HAD NOT BEEN DRINKING BUT THAT HER PASSENGER HAD BEEN. THE PASSENGER CONFIRMED THIS AND HELD UP A SIX PACK OF "BUD ICE" BEER. I THEN WENT AROUND TO THE PASSENGER SIDE OF THE VEHICLE AND SEARCHED THE INTERIOR OF THE VEHICLE AFTER OBTAINING CONSENT FROM THE DRIVER/OWNER OF THE VEHICLE. I DID NOT FIND ANY OPEN EMPTY CONTAINERS, ONLY THE UNOPENED SIX PACK OF BEER. I THEN ASKED THE DRIVER TO STEP FROM THE VEHICLE, WALK AROUND TO THE BACK AND STEP UP ONTO THE SIDEWALK. THE DRIVER WAS UNSTEADY ON HER FEET EXITING THE VEHICLE AND HAD DIFFICULTY MAINTAINING HER BALANCE. I ALSO DETECTED A HEAVY ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH. I ASKED THE DRIVER IF SHE WOULD PARTICIPATE IN FIELD SOBRIETY EXERCISES TO WHICH SHE STATED 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 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. THERE WAS ALSO DISTINCT NYSTAGMUS DURING VERTICAL WHEN I CHECKED HER VERTICAL NYSTAGMUS. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WOULD NOT FOLLOW INSTRUCTIONS, WOULD NOT WALK HEEL TO TOE, LOST HER BALANCE SEVERAL TIMES AND HAD TO USE HER ARMS FOR BALANCE. BOTH ON THE WALK UP AND THE WALK BACK, THE DEFENDANT TOOK A TOTAL OF TEN STEPS EACH WAY INSTEAD OF THE INSTRUCTED NINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AGAIN WOULD NOT FOLLOW INSTRUCTIONS. THE DEFENDANT WOULD NOT KEEP HER RIGHT FOOT RAISED SIX INCHES OFF THE GROUND WITH HER TOE POINTED DOWNWARD. THE DEFENDANT PLACED HER RIGHT FOOT ON THE GROUND THREE SEPARATE TIMES AND USED HER ARMS AGAIN FOR BALANCE. AT ONE POINT, THE DEFENDANT ALMOST FELL TO THE GROUND BEFORE CATCHING HERSELF. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING WHILE UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS, VIA PREPRINTED MIRANDA WARNING CARD, TO WHICH SHE STATED SHE UNDERSTOOD AND WOULD SPEAK TO ME. 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 SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE RESULTS BEING .134 AND .143. POST MIRANDA, THE DEFENDANT STATED SHE HAD CONSUMED A SIX PACK OF "BUD ICE" BEER AT HER RESIDENCE. THE DEFENDANT STATED SHE HAD STOPPED DRINKING AT 2300 HOURS, THE NIGHT BEFORE (082208), AND STATED SHE HAD NOT CONSUMED ANY ALCOHOLIC BEVERAGES THIS MORNING (082308). THE DEFENDANT'S VEHICLE WAS RELEASED TO HER SISTER PER HER REQUEST. THE VEHICLE REMAINED ON SCENE. PRIOR TO LEAVING THE SCENE, DEPUTY KELLIE REESE (BADGE ID 640), WITH THE CITRUS COUNTY SHERIFF'S OFFICE, RESPONDED TO THE SCENE TO PAT DOWN THE DEFENDANT. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING WHERE SHE WAS RELEASED INTO THE CUSTODY OF THE BREATH TECH OPERATOR G GILBERT. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 8647-XAU FOR DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION 4731-SLM FOR OPERATING A MOTOR VEHICLE AT 71 MILES AN HOUR IN A POSTED 55 MILE PER HOUR ZONE, UNIFORM TRAFFIC CITATION 4732-SLM FOR FAILURE TO WEAR SEAT BELT, AND FLORIDA UNIFORM TRAFFIC CITATION 4733-SLM FOR FAILURE TO DISPLAY DRIVER'S LICENSE UPON DEMAND. WHILE CONDUCTING AN INTERVIEW AT THE DETENTION FACILITY WITH THE DEFENDANT, SHE RECANTED HER EARLIER STATEMENTS IN REFERENCE TO DRINKING, STATING SHE HAD STARTED DRINKING AT APPROXIMATELY 2300 HOURS, ON 082208, AND HAD CONSUMED A SIX PACK OF "BUD ICE" BEER, AND SHE WAS UNSURE WHAT TIME SHE HAD STOPPED DRINKING THIS MORNING (082308). SHE ALSO STATED SHE HAD BEEN UP ALL NIGHT WITHOUT ANY REST. FLORIDA HIGHWAY PATROL CASE FHPC08OFF082712. *NOT-EXEMPT* |
