| Probable cause affidavit: |
SUBMITTED BY: NEWTON, LAURA 0459 (AR11121664) 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 AND DID CAUSE PROPERTY DAMAGE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). 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). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL SHE HAD FULFILLED THE REQUIREMENTS OF FLORIDA STATE STATUTE 316.063(1). ON 071011 AT APPROXIMATELY 2315 HOURS, I WAS HEADED SOUTH BOUND ON HIGHWAY 19 AND AS I PASSED HOWARD'S FLEA MARKET, I OBSERVED A DARK COLORED SPORTS UTILITY VEHICLE (SUV) THAT APPEARED TO BE PULLING OUT FROM BEHIND HOWARD'S FLEA MARKET. I SLOWED DOWN AND CONTINUED TO WATCH THE VEHICLE IN MY REAR VIEW MIRROR. THE VEHICLE PAUSED IN THE PARKING LOT WHICH GAVE ME CONCERN DUE TO THE POSSIBILITY THAT A BURGLARY MAYBE TAKING PLACE. I ACCELERATED TO THE NEXT BREAK IN THE MEDIAN, TURNED AROUND, AND HEADED BACK TOWARD HOWARD'S FLEA MARKET. AS I APPROACHED THE FLEA MARKET, I OBSERVED THE BLACK SUV PULL FORWARD SLIGHTLY, GO INTO REVERSE, PULL FORWARD AGAIN, AND GO INTO REVERSE AGAIN AS IF IT WERE STUCK. AS I PULLED INTO THE PARKING LOT OF HOWARD'S, I NOTICED THAT THE VEHICLE HAD RUN OVER A GRAY ELECTRICAL BOX THAT WAS ROUND AND APPROXIMATELY THREE FEET TALL. AS THE VEHICLE FREED ITSELF FROM THE POST, IT BEGAN PULLING UP TO HIGHWAY 19 AS IF IT WERE GOING TO LEAVE. I ACTIVATED MY OVERHEAD LIGHTS, AT WHICH TIME, THE VEHICLE STOPPED. I APPROACHED THE DRIVER'S SIDE OF THE VEHICLE WHERE I MADE CONTACT WITH THE DRIVER/DEFENDANT, MS ANNE FLORES. I ASKED MS FLORES FOR HER DRIVER'S LICENSE AND REGISTRATION AND ASKED HER WHERE SHE WAS COMING FROM. MS FLORES STATED "I WAS JUST OVER THERE" AS SHE POINTED BACK TOWARDS THE FLEA MARKET. I ADVISED MS FLORES THAT THE FLEA MARKET WAS CLOSED AND ASKED HER WHY SHE WOULD BE COMING FROM THE CLOSED BUSINESS. MS FLORES AGAIN REPEATED HERSELF STATING SHE WAS COMING FROM "OVER THERE" AND I AGAIN ASKED HER TO CLARIFY. MS FLORES FINALLY ADVISED THAT SHE WAS COMING FROM THE DOGHOUSE SALOON, WHICH IS LOCATED ACROSS THE STREET FROM HOWARD'S FLEA MARKET. I RETURNED TO MY PATROL VEHICLE AND RAN MS FLORES THROUGH FCIC/NCIC WHICH RETURNED NO HITS. I WAS ADVISED BY MY TRAFFIC DEPUTY THAT HE WOULD NOT BE ABLE TO RESPOND SO I RE-APPROACHED MS FLORES. I ASKED MS FLORES IF SHE REMEMBERED RUNNING OVER THE UTILITY POLE TO WHICH SHE ADVISED SHE DID NOT. I ADVISED HER THAT I SUSPECTED HER OF DRIVING UNDER THE INFLUENCE. I REQUESTED MS FLORES PERFORM FIELD SOBRIETY TESTING TO WHICH SHE AGREED TO COMPLY. MS FLORES THEN EXITED THE DRIVER'S SIDE OF HER VEHICLE AND FOLLOWED ME TO THE FRONT OF MY PATROL VEHICLE. I COULD NOT SMELL THE ODOR OF ALCOHOL COMING FROM MS FLORES. I COULD ONLY SMELL THE CHERRY BUBBLEGUM THAT SHE PLACED IN HER MOUTH AS I WAS GETTING HER DRIVER'S LICENSE FROM HER ON MY INITIAL CONTACT WITH HER. MS FLORES DID HOWEVER HAVE DIFFICULTY WALKING WITH ME TO THE FRONT OF MY PATROL VEHICLE. IT APPEARED AS THOUGH SHE WAS HAVING A PROBLEM MAINTAINING HER BALANCE. 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. I ASKED HER ABOUT HER EYES AND SHE STATED SHE HAD NO PROBLEMS WITH HER EYES. 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. MS FLORES HAD DIFFICULTY FOLLOWING DIRECTIONS ON THIS TASK BECAUSE SHE CONTINUED TO TRY TO LOOK AHEAD OF MY PEN AND INSTEAD OF FOLLOWING THE PEN AS INSTRUCTED, SHE WOULD LOOK STRAIGHT AT ME. WHEN MS FLORES DID FOLLOW THE PEN WITH HER EYES, THERE WAS NO SMOOTH PURSUIT AND HER EYES JUMPED QUICKLY FROM SIDE TO SIDE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 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. DURING THIS TASK, THE DEFENDANT DID NOT PLACE HER HEEL TO TOE ON HER STEPS. SHE USED HER ARMS FOR BALANCE AND WALKED IN A DIAGONAL DIRECTION COMPLETELY OFF COURSE FROM THE STRAIGHT LINE SHE WAS SUPPOSED TO WALK. MS FLORES TOOK SUCH LARGE STEPS THAT SHE ENDED UP WALKING OFF OF THE PAVEMENT ONTO THE GRASSY AREA AND DOWN INTO A DITCH. AFTER TURNING AROUND, I BROUGHT MS FLORES BACK TO THE PAVEMENT AND ALLOWED HER TO TAKE THE REMAINING NINE STEPS BACK ON THE PAVEMENT. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW DIRECTIONS. THIS DEFENDANT WAS GIVEN TWO OPPORTUNITIES TO COMPLETE THIS TASK. ON THE FIRST OPPORTUNITY, SHE LIFTED HER LEG AND BEGAN COUNTING AT TWO, COUNTED TO THREE, AND THEN STOPPED COUNTING COMPLETELY AND THEN PUT HER FOOT DOWN PRIOR TO ME INSTRUCTING HER TO DO SO. I ASKED THE DEFENDANT IF SHE UNDERSTOOD THE INSTRUCTIONS. I EXPLAINED THEM A SECOND TIME AND SHE WAS GIVEN A SECOND OPPORTUNITY TO COMPLETE THE SECOND TASK. THE DEFENDANT COULD NOT MAINTAIN HER BALANCE AND ATTEMPTED THE TASK THREE MORE TIMES BEFORE STOPPING. EACH TIME SHE ATTEMPTED SHE WAS ONLY ABLE TO LIFT HER FOOT AND COUNT TO TWO OR THREE BEFORE HAVING TO PUT HER FOOT DOWN TO REGAIN HER BALANCE. AT THIS TIME, I PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) TO THE REAR AND SEATED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT REQUESTED THAT HER VEHICLE BE LEFT IN THE PARKING LOT OF THE DOGHOUSE SALOON. I PARKED THE VEHICLE AND SECURED THE DOORS AT HER REQUEST. PRIOR TO MOVING HER VEHICLE, I OBTAINED PHOTOGRAPHS OF THE DAMAGED POWER BOX AS WELL AS THE TIRE TREAD MARKS GOING FROM THE POWER BOX ONTO THE PAVEMENT LEADING UP TO THE BACK TIRE OF THE VEHICLE. THE DEFENDANT INITIALLY ADVISED THAT SHE HAD NO RECOLLECTION OF RUNNING THE POWER BOX OVER AND DID NOT REMEMBER BACKING UP OR PULLING FORWARD IN HER VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO DETENTION FACILITY STAFF. UPON OUR ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HER MIRANDA RIGHTS AS WELL AS HER IMPLIED CONSENT. THE DEFENDANT ADVISED THAT SHE WOULD SUBMIT TO THE BREATH TEST. SHE WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, AND LEAVING THE SCENE OF AN ACCIDENT. THE DEFENDANT WAS ISSUED FLORIDA DUI CITATION, NUMBER 4534-XDX-5, FOR DUI WITH PROPERTY DAMAGE WITH A MANDATORY COURT DATE OF 072811 AT 1300 HOURS. THE DEFENDANT WAS ISSUED FLORID DUI CITATION NUMBER 4535-XDX-6 FOR DUI WITH A MANDATORY COURT DATE OF 072811 AT 1300 HOURS. SHE WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC), NUMBER 5552-GJX-6, FOR LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE OR FAILING TO LEAVE INFORMATION WITH A MANDATORY COURT DATE OF 072811 AT 1300 HOURS. A COPY OF THE IN-CAR CAMERA WAS LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE LOCKER. 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 .239 AND .226. THE DEFENDANT'S TOTAL BOND WAS SET AT $1,250.00 PER THE BOND SCHEDULE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
