| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR11119198) 0430 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1); ON 020611 AT APPROXIMATELY 0355 HOURS I WAS SOUTHBOUND ON SOUTH FLORIDA AVENUE FOLLOWING EMERGENCY MEDICAL SERVICES (EMS) TO CITRUS MEMORIAL HOSPITAL IN REFERENCE TO A CRASH THAT HAD OCCURRED EARLIER. WHILE AT THE INTERSECTION OF SOUTH FLORIDA AVENUE AND NORTH LECANTO HIGHWAY, I WAS STOPPED AT A RED LIGHT BEHIND EMERGENCY MEDICAL SERVICES (EMS). WHEN THE LIGHT TURNED GREEN EMERGENCY MEDICAL SERVICES (EMS) STAYED AT THE LIGHT FOR APPROXIMATELY 20 SECONDS LONGER AND THEN I HEARD THEM SOUND THEIR HORN. A FEW MOMENTS LATER, I OBSERVED A WHITE PICKUP TRAVELLING SOUTHBOUND ON SOUTH FLORIDA AVENUE. I THEN WATCHED AS THE VEHICLE DRIFTED INTO THE SOUTHBOUND LANE WATCHING IT CROSS OVER THE RIGHT FOG LINE AT A SPEED OF APPROXIMATELY 30 TO 40 MILES PER HOUR (MPH). THE VEHICLE THEN ACCELERATED RAPIDLY AND I WAS ABLE TO PASS THE EMERGENCY MEDICAL SERVICES (EMS) UNIT AND OBSERVED THE VEHICLE ONCE AGAIN CROSS OVER THE FOG LINE AND WEAVE WITHIN ITS LANE. AFTER TRAVELLING SOUTH OF OVERDRIVE CIRCLE, I WAS ABLE TO CATCH THE VEHICLE WHEN IT SLOWED DOWN QUICKLY AND PULLED OFF THE RIGHT SIDE OF THE ROAD. I THEN ACTIVATED MY EMERGENCY LIGHTS AND MADE CONTACT WITH THE DRIVER. THE DRIVER KNOWN TO ME AS MS BETH POTTER (DEFENDANT) WAS ASKED FOR HER DRIVER'S LICENSE AND VEHICLE REGISTRATION WHICH SHE DID SUPPLY TO ME, BUT WAS OBSESSED ABOUT HER INSURANCE CARD. WHILE SPEAKING WITH THE DEFENDANT, I WAS ABLE TO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. AFTER CHECKING HER DRIVER'S LICENSE STATUS, I REQUESTED SHE EXIT THE VEHICLE IN ORDER TO PERFORM SOBRIETY TASKS. THE DEFENDANT COMPLIED. I ASKED THE DEFENDANT IF SHE WORE GLASSES OR CONTACTS OR HAD ANY PROBLEMS WITH HER EYES WHICH SHE STATED THAT SHE DID NOT. I ALSO ASKED THE DEFENDANT IF SHE WAS CURRENTLY WORKING AND HOW SHE WAS EMPLOYED. THE DEFENDANT ALSO ADVISED ME THAT SHE DID NOT GRADUATE HIGH SCHOOL AND SHE WAS FOUR CREDITS SHY OF GRADUATING HIGH SCHOOL. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT 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 DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT HAD TO BE TOLD TO HOLD HER HEAD STILL AND SWAYED BACK AND FORTH DURING THE TASK. THE DEFENDANT LOST HER BALANCE PRIOR TO STARTING THE TASK. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD TO BE EXPLAINED THE TASK SEVERAL TIMES AND DURING THE TASK SHE DID NOT FOLLOW DIRECTIONS, DID NOT LOOK AT HER TOE AND DURING THE LAST ATTEMPT PLACED HER FOOT DOWN AT 5-1000 IN ORDER TO CATCH HERSELF FROM FALLING. TASK THREE FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE BEING TOLD TO DO SO, LEFT HER FINGER ON HER NOSE AND HAD TO BE TOLD TO PUT HER ARM DOWN. DURING THE SECOND ATTEMPT THE DEFENDANT MISSED HER NOSE AND TOUCHED HER UPPER LIP AND COULD NOT COMPLETE THE TASK. TASK FOUR ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT DURING THE FIRST ATTEMPT DID NOT KEEP HER EYES CLOSED AND BEGAN TO RHYME THE ALPHABET. HOWEVER, DURING THE SECOND ATTEMPT SHE WAS ABLE TO COMPLETE THIS TASK. TASK FIVE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE TASK HAD TO BE EXPLAINED TO THE DEFENDANT SEVERAL TIMES. THE DEFENDANT DID NOT WALK HEEL TO TOE AND WHEN ASKED TO DO SO LOST HER BALANCE AND CATCH HERSELF FROM FALLING. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY A PASSENGER, MS CHRISTINA HUSTON. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .043 AND .045. I THEN REQUESTED THE DEFENDANT SUBMIT TO THE APPROVED TEST OF HER URINE TO DETERMINE ANY CONTROLLED SUBSTANCES THAT MIGHT BE IN HER SYSTEM. THE DEFENDANT REFUSED AND DID MENTION SHE HAD TAKEN A XANAX AT APPROXIMATELY 0200 HOURS ON 020611 AND A VICADEN ON 020511 AT APPROXIMATELY 1700 HOURS. 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, CITATION NUMBER 8762-XBI-4 WITH A MANDATORY COURT APPEARANCE ON 022411 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9404-RYU-5, FOR FAILURE TO USE DESIGNATED LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "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* |
