| Probable cause affidavit: |
SUBMITTED BY: BEHNEN, JONATHAN 0442 (AR08106111) 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). ON 110508 AT APPROXIMATELY 1905 HOURS, WHILE STOPPED FOR A RED LIGHT AT THE INTERSECTION OF TURKEY OAK DRIVE AND NORTH CITRUS AVENUE, FACING SOUTHBOUND THIS DEPUTY OBSERVED A BLACK IN COLOR, DODGE PICKUP TRUCK STOPPED AT THE LIGHT DIRECTLY TO MY FRONT. UPON THE LIGHT TURNING GREEN, THE PICKUP TRUCK AND MYSELF CONTINUED ACROSS NORTH CITRUS AVENUE, STILL HEADING SOUTHBOUND ON NORTH TURKEY OAK DRIVE. WHILE TRAVELING BEHIND THE LISTED VEHICLE, THIS DEPUTY OBSERVED THE VEHICLE'S RIGHT TIRES TO CROSS OVER THE FOG LINE INITIALLY ON TWO OCCASIONS. AT THAT POINT I BEGAN OBSERVING THE VEHICLE IN ORDER TO MAKE OBSERVATIONS AS TO THE VEHICLE'S DRIVING PATTERN. IT SHOULD BE NOTED THE SPEED LIMIT FOR THIS AREA WAS 40 MILES PER HOUR, AND ACCORDING TO THIS DEPUTY'S PATROL VEHICLE, WHICH IS EQUIPPED WITH A CERTIFIED SPEEDOMETER, WE WERE TRAVELING 51 MILES PER HOUR. THIS DEPUTY'S RADAR PATROL SPEED ALSO INDICATED 51 MILES PER HOUR. CERTIFICATION ON THIS DEPUTY'S RADAR UNIT IS CURRENT. CONTINUING BEHIND THE VEHICLE, THIS DEPUTY OBSERVED THE VEHICLE'S LEFT TIRES CROSS OVER THE DOUBLE YELLOW LINE ON THREE OCCASIONS AND QUICKLY CORRECTING TO THE RIGHT, WITH THE RIGHT TIRES TOUCHING THE FOG LINE. AT THAT POINT IN TIME THIS DEPUTY INITIATED A TRAFFIC STOP ON NORTH TURKEY OAK DRIVE, ACTIVATING MY EMERGENCY LIGHTS AND SPOT LIGHT. THE VEHICLE PULLED OFF TO THE SIDE OF THE ROAD. IT SHOULD BE NOTED ON THIS AREA OF TURKEY OAK DRIVE, THERE ARE NO CROSS STREETS. I THEN PROCEEDED TO MAKE CONTACT WITH THE DRIVER, WHO WAS LATER IDENTIFIED AS THE DEFENDANT PER HER FLORIDA DRIVER'S LICENSE. UPON MAKING CONTACT WITH THE DRIVER AND ENGAGING IN VERBAL COMMUNICATION, THIS DEPUTY NOTICED THE DRIVER'S SPEECH WAS EXTREMELY SLURRED AND A SMELL OF ALCOHOL WAS EMITTING FROM THE VEHICLE. THE DEFENDANT ALSO HAD TO MAKE A CONCENTRATED EFFORT TO PROVIDE THIS DEPUTY WITH HER DRIVER'S LICENSE, WHICH WAS LOCATED IN HER WALLET. THIS DEPUTY PROCEEDED BACK TO MY PATROL CAR, RUNNING THE DEFENDANT'S DRIVER'S LICENSE AND VEHICLE THROUGH FCIC/NCIC WHERE IT WAS ESTABLISHED THAT THE DEFENDANT'S DRIVER'S LICENSE WAS VALID AND VEHICLE LEGALLY REGISTERED. THIS DEPUTY PROVIDED THE DEFENDANT WITH WRITTEN WARNING 222976-B FOR 51 MILES PER HOUR IN A 40 MILE PER HOUR ZONE AND WRITTEN WARNING 222977-B FOR FAILURE TO MAINTAIN A SINGLE LANE. AFTER PROVIDING THE DEFENDANT WITH THE WARNINGS, SHE WAS ASKED TO EXIT HER VEHICLE IN ORDER TO COMPLETE FIELD SOBRIETY TASKS. THE DEFENDANT AGREED, EXITING HER VEHICLE AND PROCEEDING TO THE DESIGNATED FIELD SOBRIETY TASK AREA PER MY INSTRUCTIONS. WHILE WALKING TO THE DESIGNATED AREA, WHICH WAS A LEVEL AREA OF SIDEWALK, THE DEFENDANT STAGGERED. THE DEFENDANT WAS ASKED WHAT HER HIGHEST LEVEL OF EDUCATION WAS, TO WHICH SHE REPLIED HIGH SCHOOL. SHE WAS ASKED IF SHE HAD ANY PHYSICAL DISABILITIES WHICH WOULD PREVENT HER FROM COMPLETING THESE TASKS, TO WHICH SHE ADVISED, NO. EACH TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. TASK ONE: RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. UPON CONDUCTING THE TASK THE DEFENDANT SWAYED IN A CIRCULAR MOTION AND COULD NOT MAINTAIN HER EYES IN A CLOSED POSITION. TASK TWO: ONE LEG STAND. THIS TASK WAS ALSO EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. WHILE CONDUCTING THE TASK THE DEFENDANT COULD NOT KEEP HER LEG OFF THE GROUND FOR MORE THAN ONE SECOND WITHOUT LOSING HER BALANCE. THE DEFENDANT DECLINED TO CONTINUE WITH THE TASK. TASK THREE: FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT DID NOT CONDUCT ARM MOTION AS INSTRUCTED. SHE HAD TO CONSISTENTLY BE INSTRUCTED TO PLACE HER ARM BACK IN THE STARTING POSITION. THE DEFENDANT ALSO SWAYED IN A CIRCULAR MOTION AND COULD NOT KEEP HER EYES IN A FIXED CLOSED POSITION. THE DEFENDANT TOUCHED THE BRIDGE OF HER NOSE INSTEAD OF THE TIP ON THE SECOND AND THIRD ATTEMPT. TASK FOUR: WALK AND TURN. THIS TASK WAS ALSO EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DEFENDANT COULD NOT MAINTAIN HEEL TO TOE. THE DEFENDANT STAGGERED WHILE WALKING, ALMOST FALLING ON TWO OCCASIONS. DUE TO THE RESULTS OF THE FIELD SOBRIETY TASKS, THIS DEPUTY ADVISED THE DEFENDANT SHE WAS UNDER ARREST FOR SUSPICION OF DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE WITH SAFETY HARNESS. THE DEFENDANT'S VEHICLE WAS LEFT A THE SCENE, SECURED, AND THE KEYS GIVEN TO HER PASSENGER PER HER REQUEST. THE PASSENGER OF THE VEHICLE WAS PROVIDED A COURTESY RIDE TO HIS RESIDENCE BY DEPUTY O'MELIAN. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT SUBMITTED TO A TEST OF HER BREATH, PROVIDING RESULTS OF .160 AND .158. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM DUI TRAFFIC CITATION NUMBER 4165-XDX WITH MANDATORY COURT DATE OF 112008 AT 1300 HOURS. VIDEO RECORDING VIA IN-CAR VIDEO CAMERA WAS COPIED ONTO DISC AND TURNED OVER TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION BY THIS DEPUTY. *NOT-EXEMPT* |
