| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR10117752) 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). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY PATTERSON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO PLACE THE DEFENDANT UNDER ARREST WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 110410, WHILE ON AN UNRELATED TRAFFIC STOP IN THE PARKING LOT OF THE MARTIN FEDERAL CREDIT UNION, A WHITE, FORD, FOUR DOOR VEHICLE HAD PULLED IN TO THE APEX OFFICE SUPPLY STORE PARKING LOT WHICH WAS ADJACENT TO THE LOCATION OF MY TRAFFIC STOP. THE STORE WAS CLOSED AT THIS TIME AND ALL OF THE LIGHTS WERE OFF TO THE BUILDING. DEPUTY MOORE WHO WAS ON SCENE MADE CONTACT WITH THE DRIVER OF THE VEHICLE MS CARON ALFF, WHO HAD PARKED HER VEHICLE IN THE LANE THAT CONNECTS THE TWO BUSINESSES. A SHORT TIME LATER, DEPUTY MOORE ADVISED ME THAT HE BELIEVED THAT MS ALFF WAS INTOXICATED. ONCE I CONCLUDED MY INITIAL TRAFFIC STOP, I MADE CONTACT WITH MS ALFF, WHO WAS STILL SITTING IN THE DRIVER'S SEAT WITH THE VEHICLE RUNNING. WHILE I WAS SPEAKING WITH MS ALFF, I NOTED A STRONG ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE EMANATING FROM THE VEHICLE. I ALSO NOTED HER EYES TO BE BLOODSHOT AND HER SPEECH TO BE SLURRED. A SHORT TIME LATER, I ASKED MS ALFF TO EXIT THE VEHICLE AND REQUESTED THAT SHE WALK BACK TO MY VEHICLE. I THEN ASKED MS ALFF TO STAND IN FRONT OF MY VEHICLE; HOWEVER, SHE HAD DIFFICULTY IN UNDERSTANDING THIS DIRECTION. I EXPLAINED TO HER THAT I HAD CONCERNS FOR HER ABILITY TO SAFELY OPERATE A MOTOR VEHICLE AND REQUEST THAT SHE SUBMIT TO ROADSIDE SOBRIETY TASKS. AT THAT TIME, MS ALFF ADVISED ME THAT HER FOOT WAS BROKEN (ALTHOUGH IT DID NOT APPEAR TO CAUSE HER ANY DISCOMFORT TO STAND ON IT), THAT SHE HAD BRAIN DAMAGE, THAT SHE HAD AN INJURED BACK AND THAT SHE HAD PREVIOUSLY BEEN SEXUALLY ASSAULTED BY THE POLICE. I ONCE AGAIN ASKED MS ALFF IF SHE WOULD SUBMIT TO THE TASKS AND SHE STATED THAT SHE WOULD. PRIOR TO BEGINNING THE TASKS, MS ALFF WAS PERMITTED TO REMOVE HER FLIP FLOPS. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE INSTRUCTIONAL PHASE OF THIS TASK, THE DEFENDANT BEGAN THE TASK TWICE, DESPITE BEING TOLD NOT TO BEGIN UNTIL BEING TOLD TO DO SO. DURING THE TASK SHE FAILED TO TOUCH HEEL TO TOE ON ANY ATTEMPT, TURNED INCORRECTLY AND FAILED TO TOUCH HEEL TO TOE ON THE RETURN ATTEMPT. SHE ADDITIONALLY FELL OF THE LINE THREE TIMES, USED HER ARMS FOR BALANCE DESPITE BEING INSTRUCTED NOT TO DO SO. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HER RIGHT FOOT APPROXIMATELY TWO INCHES OFF THE GROUND, BEGAN TO LOOSE HER BALANCE AND PLACED HER FOOT BACK. SHE THEN RAISED HER RIGHT FOOT AGAIN AND IMMEDIATELY BEGAN TO LOOSE HER BALANCE. THIS TASK WAS THEN ENDED. TASK THREE, FINGER TO NOSE, THIS TASKED WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK THE DEFENDANT FAILED TO PLACE HER ARM BACK TO HER SIDE AS INSTRUCTED ON THE FIRST THREE ATTEMPTS AND ALSO MISSED TOUCHING HER FINGER TO HER NOSE ON THE SAME ATTEMPTS. AT THAT TIME, MS ALFF WAS ALLOWED TO PUT HER FLIP FLOPS BACK ON AND ESCORTED BACK TO MY PATROL VEHICLE. SHE WAS THEN ADVISED THAT SHE WAS UNDER ARREST, AT WHICH TIME, I GRABBED HER LEFT WRIST FROM BEHIND. SHE WAS INITIALLY CALM; HOWEVER, WHEN I BEGAN TO PLACE HER LEFT WRIST IN THE HANDCUFF, SHE PULLED AWAY FROM ME AND ATTEMPTED TO SPIN IN MY DIRECTION IN AN AGGRESSIVE MANOR. AT THAT TIME, I SECURED MS ALFF'S LEFT ARM, USING THE HAMMER LOCK DEFENSIVE TECHNIQUE, PREVENTING HER FROM BREAKING MY GRASP ON HER OR HER TURNING TOWARDS ME. I THEN PLACED HER AGAINST MY PATROL VEHICLE AND PLACED HER RIGHT HAND INTO A HANDCUFF. MS ALFF WAS THEN ESCORTED TO THE REAR PASSENGER SIDE OF MY PATROL VEHICLE AND WAS ORDERED TO SIT IN THE BACK SEAT. AT whiCH TIME, SHE BEGAN SCREAMING "NO!". AN EFFORT WAS MADE TO PLACE MS ALFF INTO MY PATROL VEHICLE; HOWEVER, SHE TENSED HER BODY IN AN EFFORT TO PREVENT US FROM PLACING HER INTO THE PATROL VEHICLE. AFTER A SHORT STRUGGLE, SHE WAS PLACED INTO THE PATROL VEHICLE AND ENDED UP IN THE VEHICLE FACE DOWN IN THE SEAT. DEPUTY MOORE, TROOPER CORCORAN WITH FLORIDA HIGHWAY PATROL AND I THEN ASSISTED MS ALFF INTO A SITTING POSITION. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY (CCJ), MS ALFF BEGAN TO STRIKE HER HEAD ONTO THE PARTITION THAT SEPARATES THE OFFICER FROM THE REST OF THE VEHICLE. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY (CCJ), MS ALFF WAS REMOVED FROM MY VEHICLE BY DETENTION STAFF AND WAS TURNED OVER TO CORRECTIONAL OFFICER SWETOKOS, A CERTIFIED BREATH TEST OPERATOR. OFFICER SWETOKOS, REQUESTED MS ALFF SUBMIT TO A LAWFUL TEST OF HER BREATH TO WHICH SHE AGREED. A SHORT TIME LATER, OFFICER SWETOKOS, ADVISED ME THAT MS ALFF PROVIDED A BREATH TEST SAMPLE OF .105 AND A SAMPLE OF .102 ON HER SECOND TEST. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE BECAUSE OF HAVING A PRIOR CONVICTION FOR DRIVING UNDER THE INFLUENCE CONVICTION. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE FOR RESISTING ARREST WITHOUT VIOLENCE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4662XDX1 WITH A MANDATORY COURT APPEARANCE OF 111810 AT 1300 HOURS FOR BOTH CHARGES. 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
