| Probable cause affidavit: |
SUBMITTED BY: LAKATIS, KENNETH 0585 (AR08101734) 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, SECOND OFFENSE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(A). ON 021508 AT APPROXIMATELY 0228 HOURS I WAS DISPATCHED TO LOOK FOR A SILVER IN COLOR SPORT UTILITY VEHICLE (SUV) TRAVELING ON STATE ROAD 200. DISPATCH ADVISED THAT THE CLERK FROM THE CUMBERLAND FARMS LOCATED AT STATE ROAD 200 AND HIGHWAY 41 HAD OBSERVED A WHITE FEMALE IN THE STORE WHO APPEARED INTOXICATED AND HAD LEFT IN THAT SILVER SUV. I DID ATTEMPT TO LOCATE THE VEHICLE, WITH NEGATIVE RESULTS. AT APPROXIMATELY 0257 HOURS I OBSERVED A SILVER HONDA SUV TRAVELING SOUTH ON STATE ROAD 200. BELIEVING THAT IT MAY BE THE IMPAIRED DRIVER, I ATTEMPTED TO CATCH UP TO THE VEHICLE. WHILE DOING SO, I NOTICED THE VEHICLE HAD AN INOPERABLE TAG LIGHT, AND THE VEHICLE WAS TRAVELLING AT APPROXIMATELY 65 MILES PER HOUR IN A 55 MILES PER HOUR ZONE. UPON CATCHING UP TO THE VEHICLE, I PERFORMED A TRAFFIC STOP NEAR THE INTERSECTION OF CHRISTY WAY AND INDEPENDENCE HIGHWAY. UPON THE VEHICLE STOPPING, I MADE CONTACT WITH DRIVER/DEFENDANT, MS BONNIE MEYERS. I ASKED FOR HER DRIVERS LICENSE AND THE REGISTRATION TO HER VEHICLE. I IMMEDIATELY DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. I NOTICED HER SPEECH WAS SLURRED AND SHE APPEARED TO BE GROGGY. THE DEFENDANT FUMBLED THROUGH PAPERWORK IN THE GLOVE BOX AND THEN TURNED TO ME AND SAID "I AM SORRY, MA'AM." I AGAIN ASKED HER FOR HER DRIVER'S LICENSE, WHICH SHE HANDED TO ME. SHE THEN STARTED TO CRY, STATING SHE WAS IN TROUBLE BECAUSE SHE "SHOULDN'T BE DRINKING AND DRIVING." WHEN I ASKED HER WHERE SHE WAS COMING FROM, SHE SAID HERNANDO, AND AGAIN BEGAN TO CRY, TELLING HER PASSENGER SHE WAS "IN TROUBLE." AT THAT TIME I WENT BACK TO MY VEHICLE AND VERIFIED SHE HAD A VALID DRIVERS LICENSE AND HAD NO WANTS OR WARRANTS. UPON ARRIVAL OF MY BACKUP, DEPUTY WARD, I AGAIN MADE CONTACT WITH THE DEFENDANT AND ASKED HER TO STEP OUTSIDE THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS. UPON STEPPING OUT OF THE VEHICLE, SHE HAD TO USE THE VEHICLE TO KEEP HER BALANCE AND "ROLLED" ALONG THE SIDE OF HER VEHICLE . WHILE AT THE REAR OF HER VEHICLE 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 HAVE A BAD BACK AND WAS DISABLED. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. THE DEFENDANT FAILED TO FOLLOW INSTRUCTIONS, AND WOULD NOT FOLLOW MY PEN WITH HER EYES. AFTER SEVERAL ATTEMPTS, I CONCLUDED THE DEFENDANT WAS NOT GOING TO PERFORM THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING INSTRUCTION OF THIS TASK, THE DEFENDANT WOULD NOT STAND STILL AND WAS UNSTEADY ON HER FEET. I FELT IF I CONTINUED TO ASK HER TO PERFORM THE TASK SHE WOULD POSSIBLY FALL AND INJURE HERSELF TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE COULD NOT PERFORM THIS EXERCISE. AT THAT TIME, BELIEVING THE DEFENDANT TO BE INTOXICATED, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. DEPUTY WARD STOOD BY WITH THE VEHICLE UNTIL IT WAS TOWED BY HOLMAN'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS TURNED OVER TO OFFICER MATSON, WHO READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULT BEING .279. THE DEFENDANT THEN REFUSED TO SUBMIT TO THE SECOND TEST. IT SHOULD ALSO BE NOTED WHEN THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY PERSONNEL, SHE BEGAN TO UNBUTTON HER PANTS AND WAS ATTEMPTING TO URINATE ON THE FLOOR, BUT REFRAINED AFTER BEING TOLD THE CONSEQUENCES OF DOING SO. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7096XDO WITH A MANDATORY COURT APPEARANCE DATE OF 030308 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
