| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, WILLIAM 0463 (AR10114579) 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; ON 042910 AT 2115 HOURS, I WAS DISPATCHED TO THE AREA OF US 19 AND CARDINAL LANE IN REFERENCE TO A POSSIBLE IMPAIRED DRIVER. I WAS ADVISED THAT IT WAS A RED JEEP THAT JUST LEFT THE CIRCLE K AT CARDINAL AND 19, AND WAS HEADING NORTHBOUND WITHOUT ANY LIGHTS ON. I WAS ALSO ADVISED THAT THEY HAD HAD MULTIPLE CALLS EARLIER IN REFERENCE TO THE SAME VEHICLE. I PROCEEDED NORTH ON 19 UNTIL I SPOTTED THE VEHICLE AND GOT BEHIND IT AND AT THIS TIME THE HEADLIGHTS WERE ON. AS I OBSERVED THE VEHICLE, I WATCHED IT DRIVE OFF THE RIGHT SIDE OF THE ROAD OVER THE FOG LINE AND INTO THE GRASS. IT THEN CAME BACK ON THE ROAD AND I OBSERVED IT WEAVE BACK AND FORTH IN ITS LANE. I ACTIVATED MY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP AT THE REGIONS BANK ON US 19. I APPROACHED THE DRIVER AND ASKED HER FOR HER DRIVER'S LICENSE AND VEHICLE REGISTRATION WHICH SHE PRODUCED. I ALSO ASKED IF SHE HAD BEEN DRINKING, TO WHICH SHE STATED NO, BUT THAT SHE WAS ON SEVERAL MEDICATIONS. I ASKED IF SHE WAS SURE SHE HAD NOT BEEN DRINKING, AND SHE STATED THAT SHE HAD TWO MIXED DRINKS EARLIER. AFTER SPEAKING TO HER I ADVISED HER THAT T WOULD BE RIGHT BACK WITH HER. SHE THEN ASKED ME IF I WANTED HER DRIVER'S LICENSE, TO WHICH I ADVISED HER THAT SHE HAD ALREADY GIVEN IT TO ME AND SHE SEEMED CONFUSED ABOUT THIS. AFTER RUNNING HER LICENSE THROUGH NCIC/FCIC, I RETURNED TO HER VEHICLE AND ASKED HER TO STEP OUT. WHEN SHE DID SHE WAS STANDING IN FRONT OF ME AND SHE KEPT SWAYING BACK AND FORTH, AND AT ONE POINT I THOUGHT SHE WAS GONG TO FALL. I THEN ASKED HER IF SHE WOULD PERFORM FIELD SOBRIETY TASKS, TO WHICH SHE STATED SHE WOULD. 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 ARTHRITIS AND LUPUS. TASK ONE, FINGER TO NOSE; IT WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. SHE WAS ASKED IF SHE UNDERSTOOD AND SHE STATED SHE DID. I ASKED HER TO BEGIN WITH HER RIGHT HAND, SHE IMMEDIATELY OPENED HER EYES AND MOVED HER HEAD TO MEET HER FINGER. I STOPPED HER AND EXPLAINED THE TASK AGAIN. I ASKED HER TO BEGIN AND AGAIN SHE MOVED HER HEAD TO MEET HER FINGER. WHEN ASKED TO TOUCH HER NOSE WITH HER LEFT HAND SHE MISSED ALL TOGETHER AND TOUCHED HER RIGHT CHEEK. ON THE LAST TWO ATTEMPTS, SHE OPENED HER EYES AND MOVED HER HEAD TO MEET HER FINGERS. TASK TWO, RHOMBERG ALPHABET, I EXPLAINED THE TASK TO THE DEFENDANT, TO WHICH SHE STATES HE UNDERSTOOD. UPON HER BEGINNING, SHE STATED THE ALPHABET IN A FAST RHYTHM AND ALMOST TO A RHYME. I AGAIN EXPLAINED TO HER AND THEN ASKED HER TO REPEAT THE TASK. UPON HER DOING THIS SHE WAS ABLE TO REPEAT THE ALPHABET; HOWEVER, WHILE DOING SO SHE SWAYED BACK AND FORTH APPROXIMATELY SIX INCHES. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. ON THE FIRST ATTEMPT THE DEFENDANT TOOK 11 STEPS INSTEAD OF 9 AS INSTRUCTED AND ONLY COUNTED ALOUD THE FIRST THREE. UPON REACHING STEP 11, SHE THEN TOOK 11 STEPS BACKWARDS. OF THESE STEPS WERE HEEL TO TOE. I AGAIN EXPLAINED AND DEMONSTRATED THE TASK. ON HER SECOND ATTEMPT SHE DID NOT WALK HEEL TO TOE AND SHE WOULD VEER OFF THE LINE. TASK FOUR ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED TO ME THAT SHE MAY NOT BE ABLE TO DO THE TASK DUE TO HER ARTHRITIS AND LUPUS. I ASKED HER IF SHE WOULD TRY, WHICH SHE STATED SHE COULD BUT WOULD HAVE TO USE HER RIGHT FOOT TO STAND ON. I ASKED HER TO BEGIN AND SHE WAS NOT ABLE TO RAISE HER LEFT FOOT AND COUNT. I ASKED HER TO TRY AGAIN, AND THIS TIME SHE STOOD ON HER LEFT FOOT AND WAS ABLE TO RAISE HER RIGHT FOOT AND COUNTED TO THE NUMBER THREE BUT THEN STOPPED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED DOUBLE-LOCKED. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT. SHE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER HUSBAND. ONCE AT THE DETENTION FACILITY SHE AGREED TO A BREATH TEST; HOWEVER, WOULD NOT PERFORM AS INSTRUCTED. AFTER SEVEN ATTEMPTS IT WAS THEN CONSIDERED A REFUSAL. 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, CITATION NUMBER 8024-XAD2 WITH A MANDATORY COURT APPEARANCE ON 051310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0440-FIR FOR FAILURE TO MAINTAIN A LANE. *NOT-EXEMPT* |
