| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (2012-37528) 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 022612 AT APPROXIMATELY 0138 HOURS, CANINE DEPUTY PAUL VIGGIANO HAD CONDUCTED A TRAFFIC STOP AT THE SWEETBAY PLAZA LOCATED AT 1651 SE HWY 19 IN CRYSTAL RIVER. HE ADVISED THAT HE HAD STOPPED A 2005, RED IN COLOR, JEEP LAREDO, BEARING FLORIDA TAG NUMBER U443WT FOR UNLAWFUL SPEED. HE HAD MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO WAS IDENTIFIED BY HER FLORIDA DRIVERâS LICENSE AS CYNTHIA ANNA DOMINY. SHE WAS ADVISED WHY SHE WAS STOPPED AND THAT DEPUTY VIGGIANO HAD CLOCKED HER ON MOVING RADAR USING A PYTHON III, SERIAL NUMBER 962000019, TRAVELLING AT 60 MILES PER HOUR (MPH) IN A 45 MPH POSTED SPEED ZONE. THIS TOOK PLACE IN THE AREA OF US 19 JUST SOUTH OF GODFREY LANE IN CRYSTAL RIVER. WHILE DEPUTY VIGGIANO WAS ATTEMPTING TO INITIATE A TRAFFIC STOP ON THE VEHICLE HE OBSERVED THAT THE DRIVER WAS HAVING A DIFFICULT TIME MAINTAINING A SINGLE LANE. AS DEPUTY VIGGIANO WAS MAKING CONTACT WITH THE DRIVER/DEFENDANT HE COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM THE DRIVERâS BREATH. THE DRIVER ALSO HAD GLASSY EYES, SLURRED SPEECH AND HER EYES APPEARED TO BE BLOOD-SHOT. WHEN ASKED WHERE SHE WAS COMING FROM SHE STATED THAT SHE HAD BEEN AT A FRIENDâS HOUSE AND THEN STATED SHE WAS COMING FROM CLUB HIGH OCTANE. AS I ARRIVED ON SCENE, I HAD MADE CONTACT WITH THE DEFENDANT/DRIVER, AT WHICH TIME, I ALSO DETECTED A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I ALSO OBSERVED THAT SHE HAD GLASSY EYES AND HER SPEECH WAS SLURRED. SHE ALSO TOLD ME THAT SHE WAS COMING FROM CLUB HIGH OCTANE AND THAT SHE WAS GOING HOME. THE DEFENDANT STATED THAT SHE DID NOT KNOW THE REASON SHE HAD BEEN STOPPED. I INFORMED HER THAT SHE HAD BEEN SPEEDING AND CANINE DEPUTY PAUL VIGGIANO HAD CONDUCTED A TRAFFIC STOP. I ASKED HER IF SHE HAD CONSUMED ANY ALCOHOLIC BEVERAGES THIS EVENING, TO WHICH SHE STATED SHE HAD THREE OR FOUR BEERS AT THE CLUB. 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 NO. AT THAT TIME, I HAD THE DEFENDANT EXIT HER VEHICLE. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT TOOK THE CORRECT AMOUNT OF STEPS FORWARD, BUT FAILED TO TOUCH HEEL-TO-TOE. SHE ALSO USED HER ARMS FOR BALANCE BY RAISING THEM UP. AS SHE TURNED AND TOOK NINE HEEL-TO-TOE STEPS BACK SHE FAILED TO TOUCH HEEL-TO-TOE ON ALL STEPS. SHE ALSO FAILED TO COUNT OUT LOUD AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT USED HER ARMS FOR BALANCE. SHE PUT HER FOOT DOWN ON COUNTS FOUR AND ELEVEN AND SKIPPED NUMBERS 14 AND 18 AND STOPPED THE TASK AND STATED, âSHOULD I CONTINUE?â AT THAT POINT, THE TASK WAS ENDED. SHE FAILED TO COMPLETE THE TASK AS INSTRUCTED. TASK FOUR, RECITE ALPHABET: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RECITED A, B, C, R, S AND THEN WENT BACK TO Q. SHE THEN STATED Q, V, C, W. AT THAT POINT THE TASK WAS STOPPED AS SHE WAS NOT ABLE TO COMPLETE THE TASK AS INSTRUCTED. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS THE OWNER CAME TO SCENE AND TOOK POSSESSION OF HIS VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6550-GQF5, FOR UNLAWFUL SPEED, WITH A $256.00 FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. ALSO, SHE WAS ISSUED WRITTEN WARNING, NUMBER 304171B, FOR FAILURE TO MAINTAIN A SINGLE LANE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4968-XDX5 WITH A MANDATORY COURT APPEARANCE OF 031512 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. A COPY OF THE IN-CAR VIDEO WILL BE SUBMITTED INTO EVIDENCE. |
