| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JEFFREY 1272 (AR17-23215) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN THE DEFENDANT WAS UNDER THE INFLUENCE OF CHEMICAL OR CONTROLLED SUBSTANCES AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: JASON ROBERT KEMPER, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(A)(B)(C)(1). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF CHEMICAL OR CONTROLLED SUBSTANCE, 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). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061. AT 0916 HOURS IN CITRUS COUNTY FLORIDA, THE DEFENDANT DID UNLAWFULLY OPERATE A MOTOR VEHICLE, A 1998 DODGE DAKOTA, GREEN IN COLOR, BEARING FLORIDA LICENSE PLATE NUMBER 500LRK IN VIOLATION OF FLORIDA STATE STATUTE 316.193. THE DEFENDANT WAS INVOLVED IN A MOTOR VEHICLE CRASH, WHERE THE DEFENDANT LEFT THE SCENE, TRAVELING NORTH BEFORE EXCHANGING ANY INFORMATION OR RENDERING AID. UPON CONTACT WITH THE DEFENDANT, SHE HAD POOR BALANCE, SLURRED AND CONFUSED SPEECH, TO THE EXTENT THAT HER NORMAL FACULTIES WERE IMPAIRED. THE DEFENDANT WAS GIVEN THE OPPORTUNITY TO PERFORM FIELD SOBRIETY EVALUATION. THE DEFENDANT DID PERFORM THESE EVALUATIONS. AT THE CONCLUSION OF THESE EVALUATIONS SHE WAS LAWFULLY PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ALSO INFORMED VERBALLY THAT SHE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE STANDARDIZED FIELD SOBRIETY TASKS (SFST) WHICH WERE ADMINISTERED WERE AS FOLLOWS: THE FIRST SFST WAS THE HORIZONTAL GAZE NYSTAGMUS. THE DEFENDANT HAD LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE AND THE DEFENDANT HAD DISTINCT JERKING NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE SECOND SFST PERFORMED BY THE DEFENDANT WAS A WALK AND TURN EVALUATION. THE DEFENDANT SWAYED BACK AND FORTH DURING INSTRUCTION. THE DEFENDANT FAILED TO STAND IN POSITION DURING INSTRUCTION. THE DEFENDANT STEPPED OUT OF POSITION DURING INSTRUCTION TO CATCH HERSELF FROM FALLING. THE DEFENDANT CHOSE TO REMOVE HER SHOES BEFORE BEGINNING. THE DEFENDANT USED HER ARMS FOR BALANCE DURING THE INSTRUCTIONS. THE DEFENDANT FAILED TO KEEP HER ARMS DOWN BY HER SIDE AFTER BEING INSTRUCTED TO DO SO. THE DEFENDANT ATTEMPTED TO BEGIN BEFORE BEING INSTRUCTED TO DO SO. THE DEFENDANT TOOK THE INCORRECT NUMBER OF STEPS. THE DEFENDANT TOOK 13 STEPS GOING, WITH OF THEM TOUCHING HEEL-TO-TOE AS INSTRUCTED. THE DEFENDANT MADE AN IMPROPER TURN. THE DEFENDANT LEANED TO THE LEFT AND STEPPED OFF THE LINE, AND TOOK 12 STEPS ON THE WAY BACK, OF THEM TOUCHING HEEL-TO-TOE. THE THIRD SFST PERFORMED WAS THE ONE LEG STAND. THE DEFENDANT SWAYED BACK AND FORTH DURING INSTRUCTIONS. THE DEFENDANT CHOSE TO STAND ON HER LEFT LEG, HOLDING HER RIGHT FOOT IN THE AIR. THE DEFENDANT FELL OUT OF POSITION WHEN SHE REACHED 5 SECONDS AND PLACED HER RIGHT FOOT ON THE GROUND FOR BALANCE. THE DEFENDANT THEN RESTARTED COUNTING, AND WENT TO SIX BEFORE PLACING HER FOOT ON THE GROUND AND STOPPING. THE DEFENDANT ATTEMPTED THE EVALUATION A SECOND TIME, AFTER HAVING THE INSTRUCTIONS RE-EXPLAINED. THE DEFENDANT FAILED TO RAISE HER FOOT TO APPROXIMATELY 6 INCHES, HER FOOT REMAINED AT APPROXIMATELY 1-2 INCHES ABOVE THE GROUND. THE DEFENDANT PLACED HER FOOT ON THE GROUND WHEN SHE REACHED 12 SECONDS TO REGAIN BALANCE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WITH NO INCIDENT. THE DEFENDANT WAS GIVEN A CHANCE TO TAKE A BREATH TEST, AT WHICH TIME THE DEFENDANT AGREED TO GIVE A SAMPLE TO DETERMINE HER BREATH ALCOHOL CONTENT. THE TEST WAS GIVEN AT THE CITRUS COUNTY DETENTION FACILITY. THE RESULTS OF THE BREATH TEST WERE 0.00 AND 0.00. THE DEFENDANT WAS THEN ASKED TO PROVIDE A SAMPLE OF HER URINE TO DETERMINE THE PRESENCE OF CHEMICAL OR CONTROLLED SUBSTANCES. THE DEFENDANT ASKED, "WHAT HAPPENS IF I DO NOT?" I READ THE DEFENDANT IMPLIED CONSENT AND THE DEFENDANT STATED THAT SHE WENT TO COLORADO AND CONSUMED EDIBLE, SO NO. THE DEFENDANT WAS ISSUED A CITATION FOR FAILURE TO YIELD AFTER A STOP SIGN (A7KU9TE) FOR $166.00 PAYABLE IN 30 DAYS TO CITRUS COUNTY COURT. SHE WAS ISSUED CITATION A7KU9UE FOR LEAVING THE SCENE OF A TRAFFIC CRASH. SHE WAS ISSUED CITATION A7KU9VE FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE. SHE WAS ISSUED DUI CITATION NUMBER 8403-XBR FOR DRIVING UNDER THE INFLUENCE. |
