| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR10114787) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: SIX OXYCODONE 30 MILLIGRAMS (MG), IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND 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. ON 051210 AT APPROXIMATELY 1400 HOURS, DEPUTY MATT BONURA CONTACTED ME VIA RADIO AND REQUESTED MY ASSISTANCE ON US 19 AND KINGS BAY DRIVE. I RESPONDED DIRECTLY TO THE SCENE AND MADE CONTACT WITH DEPUTY BONURA. HE EXPLAINED THAT THE HAD STOPPED THE VEHICLE FOR SEVERAL VIOLATIONS INCLUDING RUNNING A RED LIGHT. HE DID NOT DETECT AN ORDER OF AN ALCOHOLIC BEVERAGE, BUT ADVISED THE WOMAN SEEMED TO BE IMPAIRED. I MADE CONTACT WITH THE DEFENDANT, MS BRANDY DAVIS, I ASKED HER HOW SHE WAS FEELING AND SHE ADVISED, "GOOD, BUT I'VE ONLY TAKEN MY PRESCRIPTION MEDICATION." I IMMEDIATELY NOTICED PTOSIS (DROOPY EYELIDS), A DRIED WHITE CRUSTY SUBSTANCE AT THE CORNERS OF HER MOUTH, AND SLOWED SLURRED RASPY SPEECH. I ASKED HER WHAT PRESCRIPTION MEDICATIONS SHE HAD TAKEN AND SHE ADVISED ME THREE ROXIES 30 MG AND TWO METHADONE 10 MG. DEPUTY BONURA ADVISED ME THAT HE HAD LOCATED INSIDE THE VEHICLE A PRESCRIPTION BOTTLE NOT BELONGING TO HER CONTAINING SIX OXYCODONE 30 MG. 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, AND WAS NOT WEARING GLASSES OR CONTACTS. THE DEFENDANT HAD EQUAL TRACKING AND EQUAL PUPIL SIZE. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. THERE WAS SEVER SUSTAINED DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THERE WAS NO ONSET PRIOR TO 45 DEGREES AND THERE WAS NO VERTICAL GAZE NYSTAGMUS. A SHORT DISTANCE AWAY WAS A SOLID YELLOW LINE PAINTED ON THE GROUND ON A REASONABLE FLAT LEVEL SURFACE. I POSITIONED MY PATROL VEHICLE IN ORDER TO VIDEO TAPED THE FIELD SOBRIETY TASKS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HER ARMS FOR BALANCE, LOST BALANCE AND PLACED HER RIGHT FOOT ON THE GROUND, TOOK SEVERAL SECONDS TO RAISE HER FOOT BACK UP, DID NOT LOOK AT HER FOOT, AND SWAYED SIDE TO SIDE APPROXIMATELY TWO INCHES AND FRONT TO BACK APPROXIMATELY THREE INCHES. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT MAINTAIN THE START POSITION, STARTED BEFORE BEING INSTRUCTED TO DO SO, USED ARMS FOR BALANCE, MADE AN IMPROPER TURN, AND TOOK THE WRONG NUMBER OF STEPS ON THE SECOND NINE STEPS (11). TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH THE TIP OF HER FINGER TO THE TIP OF HER NOSE AT ANY TIME, DID NOT KEEP HER HEAD TILTED BACK, DID NOT KEEP HER EYES CLOSED, AND DID NOT RETURN HER HAND TO HER SIDE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO DEPUTY BONURA AND LATER TOWED BY KNIGHTLY TOWING. 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 A URINE ANALYSIS SCREEN. THE URINE WAS COLLECTED AND WILL BE TURNED IN TO EVIDENCE. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .000 AND .000. I COMPLETED A DRUG RECOGNITION EXPERT EVALUATION (DRE). IT IS MY OPINION THAT SHE WAS UNDER THE INFLUENCE OF A NARCOTIC ANALGESIC. WHILE INTERVIEWING HER DURING THE DRE SHE ADMITTED TO TAKING HER PRESCRIPTION MEDICATION. SHE ADMITTED TO TAKING THREE ROXYCODONE 30 MG, ONE METHODONE 10 MG, AND ONE XANAX ONE MG LAST NIGHT (051110). 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, NUMBER 4257-XDX3, WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE WITH A BOND OF $2,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
