| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR08101711) 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)(A). ON 021308, I OBSERVED A GREY DODGE PICKUP TRUCK TRAVELLING SOUTH BOUND ON US HIGHWAY 19 IN THE AREA OF CITRUS AVENUE. IT SHOULD BE NOTED, THAT THE VEHICLE HAD NO HEADLIGHTS AS IT WAS DRIVING DOWN THE ROAD. I MADE A U-TURN AND ACTIVATED MY EMERGENCY OVER HEAD LIGHTS, HOWEVER; THE VEHICLE DID NOT PULL OVER UNTIL WE REACHED THE CIRCLE K ON NORTH EAST 16TH STREET AND US HIGHWAY 19. THE VEHICLE FINALLY DID PULL INTO THE PARKING LOT AND I APPROACHED THE DRIVER'S SIDE OF THE VEHICLE. I ASKED THE DRIVER LATER IDENTIFIED AS MS CAROL ANN WAGLE FOR HER LICENSE, REGISTRATION, AND PROOF OF INSURANCE. IT WAS AT THIS TIME, I DETECTED A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVER. I OBSERVED HER EYES WHICH WERE EXTREMELY BLOODSHOT AND GLASSY WHILE SHE WAS LOOKING FOR HER DRIVER'S LICENSE. AFTER A FEW MINUTES OF TRYING TO ATTEMPT TO RETRIEVE HER LICENSE, SHE HAD TO HAVE HER BROTHER WHO WAS SITTING IN THE PASSENGERS SIDE OF THE VEHICLE RETRIEVE IT FOR HER. I WALKED BACK TO MY PATROL VEHICLE AND CALLED FOR A BACKUP UNIT TO RESPOND. IT SHOULD BE NOTED, THAT DEPUTY SLINGERLAND RESPONDED. I ASKED THE DEFENDANT TO EXIT HER VEHICLE TO PERFORM THE FIELD SOBRIETY TASKS. IT WAS 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 RIGHT KNEE AND THAT HER LAST GRADE COMPLETED WAS THE 11TH GRADE. THE FIRST TASK I EXPLAINED WAS THE ALPHABET WITH RHOMBERG IT WAS DURING THIS TIME, SHE WOULD NOT KEEP HER EYES CLOSED AND DID NOT RECITE THE ALPHABET CORRECTLY TASK TWO, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH 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 THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HER ARMS FOR BALANCE, DID NOT COUNT OUT LOUD, LOST HER BALANCE, AND STEPPED OFF THE LINE TWICE, LOSSED HER BALANCE WHILE SHE WAS TURNING AND DID NOT PERFORM HEEL TO TOE AS WAS INSTRUCTED TO DO BY THIS DEPUTY. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COUNTED TO TWO, STOPPED AND WENT TO FOUR AND BACK TO TWO. TASK FIVE, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DURING THIS TASK SHE DID NOT BRING HER FINGER FORWARD AND COULD NOT TOUCH HER INDEX FINGER TO THE TIP OF HER NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. UPON ARRIVAL AT THE JAIL, THE DEFENDANT WAS READ HER MIRANDA WARNING AND 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. IT SHOULD BE NOTED, THAT THE DEFENDANT REFUSED TO DO ALL FIELD SOBRIETY TEST ON CAMERA. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HER BROTHER PER THE DEFENDANTS REQUEST. 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, NUMBER6935-XDO WITH A MANDATORY COURT APPEARANCE OF 022808, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING CITATION FOR DRIVING WITH NO HEADLIGHTS NUMBER 212682B. *NOT-EXEMPT* |
