| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR11123779) 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(3)(A)(B)(C)(1). ON 120211 AT APPROXIMATELY 1615 HOURS, I RESPONDED TO THE AREA OF REDBAY COURT WEST IN HOMOSASSA, NEAR THE CUL DE SAC NEAR THE UNITED STATES POSTAL SERVICES BOXES, WHERE DEPUTY VICK HAD INITIATED A TRAFFIC STOP ON A 2004 BEIGE BUICK LESABRE BEARING FLORIDA LICENSE PLATE A680BL. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY VICK WHO STATED THAT HE HAD STOPPED THE DRIVER OF THIS VEHICLE BECAUSE SHE HAD RUN INTO THE MAILBOXES OWNED BY THE POST OFFICE AND CAUSED DAMAGE. SHE WAS ALSO SEEN AT THE PUBLIX PARKING LOT LOCATED AT 9525 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA. THE COMPLAINANT STATED THAT THE DRIVER OF THIS VEHICLE WAS STUMBLING AND FALLING ON THE GROUND AND APPEARED TO BE UNDER THE INFLUENCE OF SOMETHING. DEPUTY VICK STATED THAT HE ARRIVED IN THE AREA AND OBSERVED THE VEHICLE LEAVING THE PARKING LOT WHERE HE FOLLOWED THE VEHICLE TO REDBAY COURT WEST AT WHICH TIME THE VEHICLE STRUCK THE MAILBOXES. THERE WAS ALSO DAMAGE TO THE LEFT FRONT FENDER AND LEFT QUARTER PANEL OF THE DEFENDANT'S VEHICLE. THE DAMAGE TO THE VEHICLE WAS ESTIMATED AT APPROXIMATELY $500.00. THE DAMAGE TO THE MAILBOXES WAS ESTIMATED AT APPROXIMATELY $200.00. THE DAMAGE TO THE MAILBOXES INCLUDED BENDING OF THE METAL FRAME. OF THE BOX DOORS WERE DAMAGED. DEPUTY VICK ADVISED THAT HE HAD MADE CONTACT WITH THE DRIVER WHO IDENTIFIED HERSELF AS MS BEVERLY STEM OF 60 GREENTREE STREET IN HOMOSASSA. SHE TOLD HIM THAT SHE WAS TRYING TO GET HOME AND THAT SHE WAS TURNING AROUND BECAUSE SHE HAD MISSED HER STREET. SHE ASKED DEPUTY VICK WHY HE WAS MAKING CONTACT WITH HER, TO WHICH HE INFORMED HER THAT SHE HAD STRUCK SOME MAILBOXES. AS I MADE CONTACT WITH THE DRIVER, I BEGAN MY TRAFFIC CRASH INVESTIGATION AND ASKED MS STEM FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE FOR THE VEHICLE. I OBTAINED HER DRIVER'S LICENSE AND CONDUCTED A DRIVER'S LICENSE CHECK. THROUGHOUT MY INVESTIGATION, AS I WAS SPEAKING WITH HER I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. SHE HAD NO APPARENT INJURIES AND NO OTHER OCCUPANTS WERE INSIDE THE VEHICLE DURING THIS TIME. AS I COMPLETED MY TRAFFIC CRASH INVESTIGATION, I INFORMED MS STEM THAT I WAS SWITCHING MY INVESTIGATION FROM A TRAFFIC CRASH TO A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION DUE TO THE FACT THAT I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH AND BASED ON MY OBSERVATIONS WHILE SPEAKING WITH HER, STUMBLING, SLURRED SPEECH AND BLOODSHOT EYES. THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED HER IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE REFUSED TO REPLY. 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 HAD A BAD LEFT ANKLE AND HAD A SCREW AND PLATE IN THIS ANKLE DUE TO A SEVERE BREAK. I ASKED THE DRIVER IF SHE HAD ANYTHING TO DRINK, TO WHICH SHE ADVISED THAT SHE TAKES LOTS OF MEDICATIONS AND SHE LIKES TAKING THEM WITH A BOTTLE OF BEER. ALL THE TASKS WERE ADMINISTERED ON A FLAT SURFACE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. THE DRIVER WEARS GLASSES AND I ADVISED HER TO REMOVE THEM FOR THIS TASK. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY ARGUMENTATIVE AND TOLD ME SEVERAL TIMES THAT SHE COULD NOT DO THE TASK. THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS AND WAS UNABLE TO COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AGAIN WAS VERY ARGUMENTATIVE WHILE I WAS ATTEMPTING TO EXPLAIN THE TASK. IT APPEARED TO ME THAT SHE HAD A HARD TIME STANDING UP AND WAS UNABLE TO FOLLOW DIRECTIONS AND WANTED ME TO REPEAT THE INSTRUCTIONS ON HOW TO COMPLETE THE TASKS SEVERAL TIMES. THE DEFENDANT THEN REFUSED TO COMPLETE THE TASK. 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 SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM THE SCENE BY ALL PRESTIGE TOWING TO THEIR FACILITY. 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 .248 AND .230. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 4965XDX2 WITH A MANDATORY COURT APPEARANCE ON 122211 AT 1300 HOURS 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* |
