| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR13-5970) (13-75848) 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); DID, KNOWING HER DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2); ON 060713 AT APPROXIMATELY 2352 HOURS, DEPUTY SANCHEZ AND DEPUTY LAHERA WERE DISPATCHED TO THE AREA OF WEST WILD PINE CIRCLE AND NORTH CLUSTER CIRCLE IN BEVERLY HILLS IN REFERENCE TO A FEMALE SUBJECT SCREAMING FROM THE PASSENGER SIDE WINDOW OF A SUV DRIVING IN THE AREA. UPON THEIR ARRIVAL TO THE AREA, BOTH DEPUTIES LOCATED SAID VEHICLE BEARING FLORIDA TAG NUMBER BFSF47 WHICH WAS ON A 1991 FORD EXPLORER BROWN IN COLOR WITH A WHITE FEMALE SCREAMING OUT THE PASSENGER WINDOW. BOTH DEPUTIES PERFORMED A TRAFFIC STOP ON SAID VEHICLE. UPON MAKING CONTACT WITH THE DRIVER LATER IDENTIFIED THROUGH HER FLORIDA DRIVER'S LICENSE AS THE DEFENDANT, MS BROOKE M JONES. THE DEFENDANT TOLD THE DEPUTIES THAT HER DRIVER'S LICENSE WAS CURRENTLY SUSPENDED. BOTH DEPUTIES ALSO NOTICED THAT THE DEFENDANT POSSIBLY APPEARED TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, DUE TO THE ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH, HER SLURRED/DRAGGING SPEECH, GLASSY BLOODSHOT EYES AS WELL AS HER REPETITIVE CONVERSATION AT WHICH POINT, THEY NOTIFIED THIS DEPUTY WHO RESPONDED TO THEIR LOCATION. UPON ARRIVAL, I MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO APPEARED TO BE SOMEWHAT UNSTEADY ON HER FEET, HAD GLASSY BLOODSHOT EYES AND A MODERATE ODOR OF ALCOHOL EMITTING FROM HER BREATH. AS I SPOKE WITH HER, SHE APPEARED TO BE VERY REPETITIVE, BUT WAS VERY POLITE AND COOPERATIVE AND HER SPEECH PATTERN WAS SOMEWHAT SLURRED AND THICK TONGUED. I THEN HAD HER WALK A SHORT DISTANCED TO THE FRONT OF MY PATROL VEHICLE. SHE WAS ASKED IF SHE HAD CONSUMED ANY ALCOHOLIC BEVERAGES TO WHICH SHE STATED SHE HAD TWO BEERS. I THEN ASKED HER ABOUT HER DRIVER'S LICENSE NOT BEING VALID, TO WHICH SHE AGREED AND STATED THAT IT WAS NOT VALID. 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 PROBLEMS WITH BLOOD SUGAR, WAS HYPOGLYCEMIC, BUT WAS NOT ON ANY MEDICATION, HAD HEARING PROBLEMS AND SHE ALSO HAD TRACKING PROBLEMS WITH HER EYES. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOPPED WALKING TO STEADY HERSELF, DID NOT TOUCH HEEL TO TOE, USED ARMS FOR BALANCE, TOOK INCORRECT NUMBER OF STEPS 11 UP AND 11 BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, USED ARMS TO BALANCE, PUT FOOT DOWN TOO SOON AND WAS UNABLE TO COMPLETE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP EYES CLOSED, MISSED NOSE ONE TIME. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ASKED WHAT WAS THE LAST GRADE COMPLETED IN SCHOOL AND SHE STATED THAT SHE GRADUATED HIGH SCHOOL. SHE WAS SWAYING FORWARDS AND BACKWARDS, INCORRECTLY RECITED ALPHABET STATING A THROUGH T AND THEN STATED U,Z,H,I,J AND THEN STATED L,M,N,O,P AND THEN WAS ABLE TO COMPLETE THE ALPHABET. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED KNOWINGLY. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SEAT BELTED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN ADVISED HER OF HER MIRANDA WARNING VIA PREPRINTED CARD AND ADVISED SHE UNDERSTOOD HER RIGHTS, BUT THAT SHE DID NOT WISH TO CONTINUE SPEAKING WITH ME. SHE WAS THEN ADVISED OF HER IMPLIED CONSENT AND SHE ADVISED SHE WOULD COMPLY. SHE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY (CCDF), SHE PROVIDED A BREATH SAMPLE WITH THE RESULTS BEING .297 AND .292. AFTER TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. THE DEFENDANTâS TOTAL BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7254-XGA-3 AND UNIFORM TRAFFIC CITATION (UTC) NUMBER 7214-WQB-6 FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WITH A MANDATORY COURT APPEARANCE ON 062713 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE ON-SCENE SOBRIETY TASKS WERE VIDEO TAPED BY IN-CAR CAMERA AND A COPY WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. |
