| Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR11118915) 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 012011 AT APPROXIMATELY 0207 HOURS, I WAS DISPATCHED TO the AREA OF 41 SOUTH and EDEN DRIVE, IN REFERENCE TO A RECKLESS DRIVER. DISPATCH STATED THE CALLER ADVISED THAT the VEHICLE WAS WHITE IN COLOR AND WAS HEADING SOUTH IN THE NORTHBOUND LANE OF 41 SOUTH. WHILE EN ROUTE TO THE AREA OF 41 SOUTH AND EDEN, A SECOND CALL CAME IN FROM A SEPARATE PERSON ADVISING THAT A WHITE TYPE VEHICLE WAS HEADING SOUTH ON 41 SOUTH IN THE NORTHBOUND LANE PASSING EDEN. WHILE DRIVING NORTH ON 41 SOUTH, I NOTICED THE DEFENDANT'S VEHICLE HEADLIGHTS HEADING SOUTH IN THE NORTHBOUND LANE COMING TOWARDS ME. MYSELF AND DEPUTY VALDES POSITIONED OUR VEHICLES IN FRONT OF THE DEFENDANT'S VEHICLE. AT THAT TIME I WENT UP ONTO THE CURB AREA ANd WRAPPED AROUND DEPUTY VALDES' PATROL VEHICLE AND POSITIONED MY VEHICLE BEHIND the DEFENDANT'S WHITE FORD THUNDERBIRD BEARING FLORIDA LICENSE PLATE AICHM68, AND ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP. the VEHICLE CAME TO A STOP AT3251 SOUTH FLORIDA AVENUE, WHICH IS IN FRONT OF TONY'S COLLISION CENTER ON 41 SOUTH BETWEEN ENGLAND BOULEVARD. DEPUTY MULLINS THEN ARRIVED ON SCENE SHORTLY AFTER. UPON WALKING UP TO THE DEFENDANT'S VEHICLE IT WAS PARKED STILL FACING SOUTHBOUND WITH THE DRIVER'S SIDE TIRES TO BE ON the CURB. UPON LOOKING AT THE PASSENGER SIDE OF THE VEHICLE, I NOTICED THE FRONT PASSENGER TIRE TO BE TORN OFF THE RIM AND THE VEHICLE APPEARED TO HAVE BEEN DRIVING ON THE RIM FOR QUITE SOME TIME DUE TO THE NOTICEABLE GOUGE MARKS IN the ASPHALT. UPON APPROACHING THE DEFENDANT, LATER IDENTIFIED AS MS CHRISTY ARTHUR, I ASKED THE DEFENDANT TO ROLL DOWN her WINDOW, AT which TIME SHE STATED THAT IT DID NOT ROLL DOWN and SHE OPENED UP THE DRIVER'S SIDE DOOR. WHILE THE DEFENDANT WAS SITTING IN the DRIVER'S SEAT, I DETECTED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE FROM APPROXIMATELY FOUR FEET AWAY. I ASKED THE DEFENDANT WHERE SHE WAS COMING FROM, AT WHICH TIME SHE REPLIED GRIFF'S. I THEN ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING tonight, AT WHICH TIME SHE STATED THAT SHE ONLY HAD FOUR BEERS AND THAT SHE WAS NOT DRUNK. I THEN ASKED THE DEFENDANT WHY SHE WAS IN the NORTHBOUND LANE DRIVING SOUTHBOUND, TO WHICH SHE STATED, "I AM? I DIDN'T KNOW". I THEN ASKED THE DEFENDANT HOW SHE GOT A BLOWN PASSENGER SIDE FRONT TIRE, AND SHE REPLIED THAT SHE HIT A CURB and she THOUGHT SHE WAS DRIVING IN THE RIGHT DIRECTION. I THEN ASKED THE DEFENDANT FOR HER DRIVER'S LICENSE, VEHICLE REGISTRATION, and INSURANCE CARD, AT WHICH TIME I IDENTIFIED HER VIA HER FLORIDA DRIVER'S LICENSE WHICH WAS VALID AT THIS TIME. DURING THE TRAFFIC STOP, THE DEFENDANT WAS THE ONLY OCCUPANT INSIDE THE VEHICLE. I THEN ASKED THE DEFENDANT TO STEP out OF THE VEHICLE, and UPON EXITING THE VEHICLE IT WAS DETERMINED THAT THE DEFENDANT WAS VERY UNSTEADY ON HER FEET AND HAD TO BRACE HERSELF ON THE REAR QUARTER PANEL OF THE DRIVER'S SIDE. WHILE THE DEFENDANT WAS ANSWERING MY QUESTIONS I NOTICED HER EYES TO BE BLOOD SHOT AND HER SPEECH WAS SLURRED. I REQUESTED SHE SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, AT WHICH TIME she ADVISED THAT SHE WOULD DO SO. I THEN FOUND A SMOOTH PAVED ROADWAY SURFACE WITH the SIDEWALK USED AS A STRAIGHT LINE JUST NORTH OF WHERE HER VEHICLE WAS SITTING. 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 DISLOCATED BOTH HER KNEES BACK IN JANUARY OF 2010. I THEN ASKED THE DEFENDANT IF ANY OF THOSE DISABILITIES WOULD IMPEDE HER FROM COMPLETING THE TASKS, AND SHE STATED NO. I THEN ASKED THE DEFENDANT IF SHE WEARS ANY TYPE OF GLASSES, AT WHICH TIME SHE SATED THAT SHE ONLY WEARS READING GLASSES. I ASKED THE DEFENDANT WHAT HER HIGHEST LEVEL OF EDUCATION WAS, AT which TIME she STATED THAT HER HIGHEST LEVEL OF EDUCATION WAS "25 OR 20". WHILE THE DEFENDANT WAS ANSWERING MY QUESTIONS, SHE WAS VERY UNSTEADY ON HER FEET AND A FEW TIMES ALMOST TRIPPED OVER HER OWN FEET. 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. DURING this TASK, THE DEFENDANT FAILED TO KEEP HER HEAD STRAIGHT AND MOVED HER HEAD WITH HER EYES TWO TIMES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING EXPLAINING AND DEMONSTRATING THE TASK, I ASKED THE DEFENDANT TO STAND WITH her FEET TOGETHER AND HER HANDS DOWN BY HER SIDE. WHILE DEMONSTRATING THIS TASK, THE DEFENDANT DID NOT KEEP HER FEET TOGETHER NOR DID SHE KEEP HER HANDS BY HER SIDE. THE DEFENDANT THEN PERFORMED THE TASK, AT WHICH TIME THE DEFENDANT WHILE TAKING THE NINE STEPS FORWARD ON THE LINE DID NOT TOUCH HEEL TO TOE ON STEP TWO, STEP FOUR, STEP SIX, and STEP SEVEN. PRIOR TO GETTING TO THE END OF THE NINE STEPS DURING THE TURN, I ADVISED THE DEFENDANT TO TAKE THREE SMALL STEPS, AT WHICH TIME THE DEFENDANT SWUNG AROUND ON ONE FOOT IN ONE LARGE MOTION. WHILE THE DEFENDANT WAS TAKING THE NINE STEPS BAcK TO WHERE SHE STARTED, THE DEFENDANT STEPPED OFF THE LINE ON STEP THREE, STEP FOUR, and STEP SEVEN, and DID NOT TOUCH HEEL TO TOE ON ALL STEPS. AFTER COMPLETING TASK TWO, the DEFENDANT STATED THAT THE REASON WHY SHE STEPPED OFF THE LINE WAS HER DISLOCATED KNEECAPS. I THEN again ASKED THE DEFENDANT IF THE DISLOCATED KNEECAPS THAT HAPPENED IN 2010 WOULD IMPEDE HER FROM DOING THE TASKS, AND SHE STATED NO. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HER ARMS FOR BALANCE and LIFTED HER RIGHT LEG APPROXIMATELY TWO INCHES UP OFF THE GROUND AND DID NOT POINT HER TOE. THE DEFENDANT THEN PLACED HER LEG BACK DOWN, AT WHICH TIME I ADVISED HER AND AGAIN DEMONSTRATED THE ONE LEG STAND, IN HOLDING MY LEG APPROXIMATELY SIX TO EIGHT INCHES OFF THE GROUND and POINTING MY TOE FORWARD. the DEFENDANT THEN TRIED TO PERFORM THE TASK AND RAISED HER RIGHT LEG AND IMMEDIATELY PLACED IT BACK DOWN STATING THAT SHE COULD NOT PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ADVISED THE DEFENDANT DURING DEMONSTRATING THIS TASK, TO HAVE HER HANDS DOWN BY HER SIDE and FEET together AND NOT TO BEGIN UNTIL INSTRUCTED TO DO SO. WHILE DEMONSTRATING THIS TASK, THE DEFENDANT BEGAN BEFORE BEING INSTRUCTED TO DO SO TWO TIMES. I THEN AGAIN ADVISED THE DEFENDANT TO PLACE HER HANDS DOWN MY HER SIDE. AFTER CONCLUDING MY DEMONSTRATION, I ADVISED THE DEFENDANT TO HAVE HER ARMS out STRAIGHT AND HEAD BACK, and ADVISED HER THAT WHEN I SAY LEFT, TO BRING HER LEFT POINTER FINGER AND TOUCH THE TIP OF HER NOSE. I THEN ASKED THE DEFENDANT TO BEGIN this TASK, AT which TIME I ADVISED HER TO USE HER LEFT POINTER FINGER. THE DEFENDANT TOUCHED THE AREA ABOVE HER TOP LIP. I THEN ASKED THE DEFENDANT TO RETURN HER LEFT ARM OUT STRAIGHT. I THEN ASKED THE DEFENDANT TO USE HER POINTER RIGHT FINGER, AT WHICH TIME SHE HIT THE BRIDGE OF HER NOSE BETWEEN HER EYES. I THEN ASKED the DEFENDANT TO USE HER RIGHT HAND AGaiN, AT WHICH TIME SHE LIFTED HER LEFT ARM INSTEAD OF HER RIGHT. DURING THIS TASK THE DEFENDANT WAS VERY UNSTEADY ON HER FEET AND DID NOT KEEP HER HANDS SHOULDER HEIGHT OUT BY HER SIDE, INSTEAD KEPT ON RETURNING HER HANDS DOWN BY HER SIDE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND her BACK and SEAT BELTED IN the REAR OF MY PATROL VEHICLE. AT HER REQUEST, I RETRIEVED HER PURSE AND CELLULAR TELEPHONE FROM HER VEHICLE, WHICH WAS LATER TURNED OVER TO CITRUS COUNTY DETENTION FACILITY PERSONNEL. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS AND 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 TONY'S COLLISION CENTER. DEPUTY MULLINS FILLED OUT A VEHICLE TOW SHEET WHICH A COPY WAS GIVEN TO THE TOW TRUCK DRIVER AND A COPY WAS LATER TURNED IN TO RECORDS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO the DETENTION FACILITY, I HAD TO STOP AT TIMES SQUARE ON 44 TO AGAIN SECURE THE DEFENDANT, WHICH I WAS ABLE TO DO SO WITHOUT INCIDENT. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT 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 .140 AND .141. 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 4401-XDX4 WITH A MANDATORY COURT APPEARANCE OF 020311 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 4147-GJX4, FOR DRIVING ON THE WRONG SIDE OF THE DIVIDED HIGHWAY WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. A responsible VENDER INCIDENT CARD WAS LATER FILLED OUT AND TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE. I ALSO TOOK PHOTOGRAPHS; SEE the CRIME SCENE TECHNICIAN (CST) REPORT. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *not-exempt* |
