| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR10116365) 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). ON 081710 I WAS ON ROUTINE PATROL IN THE AREA OF CRYSTAL STREET IN THE CITY OF CRYSTAL RIVER. I OBSERVED A WHITE PICK UP TRUCK IN THE PARKING LOT OF THE FIRST BAPTIST SCHOOL LOCATED ON THE CORNER OF NW 1ST AVENUE AND CRYSTAL STREET. I BACKED UP TO SEE WHAT THE VEHICLE WAS DOING, DUE TO THE BUSINESS BEING CLOSED. AS I STARTED TO APPROACH THE VEHICLE FROM THE REAR SIDE OF THE BUILDING, I OBSERVED THE WHITE PICK UP TRUCK PULL OUT ONTO NW 1ST AVENUE. THE VEHICLE LEFT THE ROADWAY AND DROVE ON the GRASS. THE VEHICLE THEN MADE A LEFT ONTO CRYSTAL STREET AND THEN MADE AN IMMEDIATE RIGHT ON NW 2ND AVENUE, WHICH THIS IS A DEAD END ROAD. I ACTIVATED MY OVERHEAD LIGHTS TO FIND OUT WHAT THE DRIVER WAS DOING AT THE CLOSED BUSINESS AND TO SEE IF SHE WAS OKAY, DUE TO HER DRIVING OFF THE ROADWAY. I APPROACHED THE VEHICLE and MADE CONTACT WITH THE DRIVER and ASKED TO SEE HER DRIVER'S LICENSE, REGISTRATION and PROOF OF INSURANCE. AT this TIME I COULD DETECT A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DRIVER. I ALSO OBSERVED SEVERAL EMPTY BEER CANS IN THE REAR OF THE PICK UP TRUCK. THE DRIVER HANDED ME A FLORIDA DRIVER'S LICENSE WITH THE NAME CATHY ANN MILES ON IT. SHE WAS HAVING A DIFFICULT TIME FOLLOWING MY INSTRUCTIONS IN ASKING FOR HER REGISTRATION. SHE DID FINALLY PROVIDE HER REGISTRATION AND PROOF OF INSURANCE. I ASKED THE DRIVER WHY SHE WAS NOT WEARING HER CORRECTIVE LENSES AS HER DRIVER'S LICENSE REQUIRES. SHE STATED THAT SHE WAS AND IS WEARING THEM. I ADVISED HER THAT SHE WAS NOT. SHE THEN REACHED IN THE CENTER CONSOLE AND RETRIEVED HER GLASSES. I ASKED THE DRIVER WHAT HER CURRENT ADDRESS IS, DUE TO HER LICENSE AND REGISTRATION HAVING TWO DIFFERENT ADDRESSES. SHE ADVISED NEITHER WAS CORRECT BECAUSE SHE MOVED APPROXIMATELY TWO MONTHS aGO AND DID NOT HAVE THEM CHANGED. I THEN WENT TO MY PATROL VEHICLE and ASKED FOR AN ADDITIONAL UNIT TO RESPOND. DEPUTY ANSTEAD AND DEPUTY JAKOB DID ARRIVE. I ASKED THE DRIVER TO EXIT HER VEHICLE TO PERFORM FIELD SOBRIETY EXERCISES. THE DRIVER EXITED HER VEHICLE AND PUT OUT HER CIGARETTE. THE DRIVER WAS EXTREMELY UNSTEADY ON HER FEET AND KEPT LOSING HER BALANCE. 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 PROBLEM with HER HEART. TASK ONE, 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. WHEN I ASKED THE DRIVER TO TOUCH THE TIP OF MY PEN WITH HER RIGHT INDEX FINGER, SHE TOUCHED THE MIDDLE OF MY PEN with HER LEFT INDEX FINGER. SHE ALSO KEPT MOVING HER HEAD TO FOLLOW MY PEN. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, DID NOT POINT FORWARD, SWAYED BACK AND FORTH and MISSED THE TIP OF HER NOSE. TASK THREE, ALPHABET WITH ROMBERG. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT RECITE THE ALPHABET CORRECTLY, SWAYED BACK AND FORTH AND DID NOT FOLLOW INSTRUCTIONS. SHE ATTEMPTED TO RECITE THE ALPHABET AGAIN AND COULD NOT RECITE IT CORRECTLY. THE DRIVER STARTED TO LAUGH AND ATTEMPTED IT AGAIN AND AGAIN, COULD NOT DO IT. TASK FOUR, HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT STAY HEEL TO TOE, LOST HER BALANCE SEVERAL TIMES, COULD NOT FOLLOW INSTRUCTIONS AND USED HER ARMS FOR BALANCE. THE ONE LEGGED STANCE WAS NOT ASKED TO BE PERFORMED BECAUSE SHE SAID HER LEGS WERE SHAKY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. 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 SUBMIT TO THE APPROVED TEST OF HER BREATH UPON ARRIVAL AT THE DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER DAUGHTER. 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 SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .184 AND THE SECOND BEING .197. 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 3157-XDQ-8, WITH A MANDATORY COURT APPEARANCE OF 090210 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY JAKOB ISSUED THE DEFENDANT UNIFORM TRAFFIC CITATION, NUMBER 7500-FRY-X, FOR FAILURE TO CHANGE HER ADDRESS ON HER REGISTRATION WITHIN 20 DAYS, WITH A MANDATORY COURT APPEARANCE OF 090210 AT 1300 HOURS AND FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 2201-GJX-7, FOR VIOLATION OF DRIVER'S LICENSE RESTRICTION FOR HER NOT WEARING CORRECTIVE LENSES, with A MANDATORY COURT DATE OF 090210 AT 1300 HOURS. SHE WAS ISSUED TWO WRITTEN WARNINGS, ONE FOR DRIVING OFF THE ROADWAY ONTO THE GRASS/FAILURE TO MAINTAIN SINGLE LANE and THE OTHER FOR FAILURE TO CHANGE HER ADDRESS ON HER DRIVER'S LICENSE. AFTER I READ MIRANDA I ASKED THE DEFENDANT IF SHE WOULD TALK TO ME AND SHE ASKED WHAT I WANTED TO KNOW. ASKED HER WHEN SHE WAS DRINKING AND SHE STATED ABOUT AN HOUR AGO AND THAT SHE HAD ABOUT FOUR TALL BOYS. SHE STATED that SHE PULLED IN TO THE BUSINESS PARKING LOT BECAUSE SHE WAS TIRED. THE DUI STOP WAS VIDEO TAPED FROM MY IN-CAR VIDEO AND WILL BE TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
