| Probable cause affidavit: |
SUBMITTED BY: EYES, MICHAEL FHP8004 (AR07004330) 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 080707 AT APPROXIMATELY 0001 HOURS, I WAS TRAVELING WESTBOUND ON WEST GROVER CLEVELAND BOULEVARD APPROACHING SOUTH SONNY TERRACE. JUST PRIOR TO THE INTERSECTION, I OBSERVED A BLACK IN COLOR FORD EXPLORER HEADED EASTBOUND THAT WAS PERFORMING A LEFT HAND TURN ON SOUTH SONNY TERRACE. WHILE THE VEHICLE WAS PERFORMING THE TURN, I OBSERVED IT TRAVEL OFF THE EAST SHOULDER OF SOUTH SONNY TERRACE AND ALMOST COLLIDING INTO A FENCE. THE VEHICLE THEN TRAVELED BACK ONTO SOUTH SONNY TERRACE HEADING NORTHBOUND. I THEN CONDUCTED A RIGHT TURN ON SOUTH SONNY TERRACE ALSO TRAVELING NORTHBOUND. I OBSERVED THE VEHICLE, BEARING FLORIDA TAG NUMBER 012157WT, TO BE TRAVELING NORTHBOUND ON THE SOUTHBOUND PORTION OF SOUTH SONNY TERRACE. AFTER OBSERVING THESE ACTIONS, I ACTIVATED MY EMERGENCY EQUIPMENT AND PERFORMED A TRAFFIC STOP ON THE EAST SHOULDER OF SOUTH SONNY TERRACE. I EXITED MY PATROL VEHICLE AND APPROACHED THE DRIVER'S SIDE OF THE VEHICLE. I PROCEEDED TO SPEAK WITH THE OPERATOR IDENTIFIED AS MS CHRISTINA MARIA ENGEL (DEFENDANT). I ENGAGED IN A CONVERSATION WITH THE DEFENDANT COVERING THE BASIS OF THE TRAFFIC STOP. DURING THE CONVERSATION, I SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE INTERIOR OF THE VEHICLE. I ALSO OBSERVED THE DEFENDANT'S BEHAVIOR TO BE VERY SLUGGISH AND LETHARGIC. WHILE THE DEFENDANT SEARCHED FOR HER DRIVER'S LICENSE, I OBSERVED TWO CLEAR PLASTIC CUPS WITH DARK COLORED LIQUOR INSIDE OF THEM THAT APPEARED TO BE SODA. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING ANY ALCOHOLIC BEVERAGES, TO WHICH SHE STATED YES, THAT SHE HAD CONSUMED TWO RUM AND COKES AND ONE COORS LIGHT BEER AT AUGIE'S BAR THIS EVENING. I ASKED HER IF THERE WAS ALCOHOLIC BEVERAGES IN THE CUPS IN THE CONSOLE NEXT TO HER, TO WHICH SHE STATED YES, IT WAS RUM AND COKE. AFTER THE DEFENDANT LOCATED HER DRIVER'S LICENSE, I HAD HER EXIT HER VEHICLE AND WALK BACK TO THE FRONT OF MY PATROL VEHICLE. I REQUESTED THAT SHE SUBMIT TO FIELD SOBRIETY TASKS DO TO HER DRINKING ALCOHOLIC BEVERAGES THIS EVENING, TO WHICH SHE AGREED TO COMPLY. 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 HER LEFT EYE WAS HALF BLIND AND SHE HAD MULTIPLE SCLEROSIS. I ASKED IF SHE WAS ON ANY TYPE OF MEDICATION, TO WHICH SHE STATED YES, METHADONE 10 MILLIGRAMS, SOMA 350 MILLIGRAMS AND OXYCODONE 5 MILLIGRAMS, WHICH WERE ALL PRESCRIBED TO HER. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO OTHER 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 AT APPROXIMATELY THIRTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THIS TASK, THE DEFENDANT SWAYED AND LOST HER BALANCE ONE TIME. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS INSTRUCTION PHASE, THE DEFENDANT COULD NOT MAINTAIN HER BALANCE AND LOST HER BALANCE THREE TIMES. SHE ALSO ATTEMPTED TO START THE TASK TWICE BEFORE INSTRUCTION PHASE WAS COMPLETED. DURING THE TASK, SHE STOPPED TO STEADY HERSELF, DID NOT TOUCH HEEL TO TOE ON ALL STEPS, LOST HER BALANCE WHILE WALKING TWICE, USED HER ARMS FOR BALANCE, RAISED HER ARMS OVER SIX INCHES, TOOK AN INCORRECT NUMBER OF STEPS AND PERFORMED AN INCORRECT TURN. TASK THREE, ONE-LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED, USED HER ARMS TO BALANCE, RAISED HER ARMS OVER SIX INCHES AND PUT HER FOOT DOWN MORE THAN THREE TIMES. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY HER MOTHER AT THE DEFENDANT'S REQUEST. THERE WAS A WHITE MALE PASSENGER IN THE VEHICLE WHO HAD ALSO BEEN DRINKING ALCOHOLIC BEVERAGES. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .113 AND .106. 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 167795-J, WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATIONS, NUMBER 5214-EAX, FOR IMPROPER LEFT TURN AND NUMBER 5215-EAX, FOR AN OPEN CONTAINER IN THE VEHICLE, BOTH WITH FINES PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
