| Probable cause affidavit: |
SUBMITTED BY: GERENA, GABRIEL 1361 (AR16-20134) 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)(A). ON 070316, I OBSERVED A BLUE IN COLOR CHEVROLET TRAILBLAZER, BEARING FLORIDA LICENSE PLATE RLC3L, DRIVING SOUTHBOUND ON SOUTH FLORIDA AVENUE WITHOUT ANY HEADLIGHTS ON. AS I OBSERVED THE VEHICLE TRAVELING SOUTHBOUND ON SOUTH FLORIDA AVENUE, I OBSERVED THE VEHICLE FAIL TO MAINTAIN A SINGLE LANE THREE TIMES, MERGING INTO THE OTHER LANE AND THEN QUICKLY CORRECTING TO RETURN TO ITS PRIMARY LANE. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON SAID VEHICLE, WHERE THE VEHICLE CAME TO A FINAL STOP AT SOUTH FLORIDA AVENUE AND EAST ENGLAND BOULEVARD. I MADE CONTACT WITH THE DRIVER, WHO WAS IDENTIFIED BY HER FLORIDA DRIVER'S LICENSE AS MS CHERYL ANN MONROE (DEFENDANT). I ASKED THE DEFENDANT WHY SHE WAS SWERVING AND DRIVING WITHOUT HER HEADLIGHTS, TO WHICH SHE STATED SHE DID NOT REALIZE THAT SHE DID NOT HAVE HER HEADLIGHTS ON. WHILE TALKING TO THE DEFENDANT HER SPEECH WAS SLURRED. I ASKED THE DEFENDANT IF SHE HAD DRANK ANY ALCOHOLIC BEVERAGES TONIGHT AND SHE REPLIED YES, SHE HAD FOUR BEERS TONIGHT. WHILE SPEAKING TO THE DEFENDANT I OBSERVED A MIKEâS HARD LEMONADE IN THE CENTER CONSOLE, WHICH WAS UNOPENED. I THEN HAD THE DEFENDANT STEP OUT OF THE VEHICLE TO CONDUCT FIELD SOBRIETY TASKS. 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 DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. AS I EXPLAINED THE INSTRUCTIONS TO THE DEFENDANT, THE DEFENDANT WAS UNABLE TO KEEP HER BALANCE AND SHE STEPPED OFF THE LINE SEVERAL TIMES. THE DEFENDANT WAS UNABLE TO KEEP HER ARMS DOWN BY HER SIDE WHILE ATTEMPTING TO MAINTAIN HER BALANCE. THE DEFENDANT THEN ATTEMPTED TO COMPLETE THE TASK AS I HAD INSTRUCTED HER TO DO. THE DEFENDANT STEPPED OFF THE LINE SEVERAL TIMES AND SHE DID NOT WALK HEEL TO TOE AS I HAD EXPLAINED TO HER. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HER BALANCE, SHE DID NOT COUNT PROPERLY, AND WAS UNABLE TO COMPLETE THE TASK AS INSTRUCTED. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO COMPLETE THE TASK AS INSTRUCTED AND STRUGGLED TO KEEP HER BALANCE. WHILE TOUCHING HER NOSE, THE DEFENDANT HELD HER FINGER TO HER NOSE, INSTEAD OF JUST TOUCHING HER NOSE AND PLACING HER HANDS BACK TO HER SIDE AS INSTRUCTED. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, NUMBER 0382-XEJ X, WITH A MANDATORY COURT APPEARANCE OF 072116 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING, WARNING NUMBER 410453B, FOR DRIVING WITHOUT HEADLIGHTS. |
