| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID FHP2740 (AR14-11722) 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 NUMBER 316.193(1). ON 082414, AT 1423 HOURS, THE DEFENDANT WAS TRAVELLING WESTBOUND ON SEVEN RIVERS ROAD WHILE ATTEMPTING TO NEGOTIATE A LEFT CURVE IN THE ROAD. THE DEFENDANT WAS OPERATING A 2008 CHEVROLET COLORADO PICKUP TRUCK BEARING FLORIDA TAG NUMBER 053-KGQ. THE DEFENDANT FAILED TO PROPERLY NEGOTIATE THE CURVE AND SUBSEQUENTLY DROVE ACROSS THE EASTBOUND LANE AND ONTO THE EASTBOUND SHOULDER, AT WHICH TIME THE VEHICLE CRASHED INTO TWO PALM TREES. AN UNKNOWN PASSERBY REPORTED SEEING THE CRASHED VEHICLE, AT WHICH TIME DEPUTY SHANNON PHILLIPS (0223) OF THE CITRUS COUNTY SHERIFF'S OFFICE RESPONDED TO THE CRASH. UPON ARRIVAL, DEPUTY PHILLIPS OBSERVED THE DEFENDANT SPINNING THE REAR TIRES WHILE ATTEMPTING TO FREE THE VEHICLE FROM THE SAND. AT THAT TIME, DEPUTY PHILLIPS MADE CONTACT WITH THE DEFENDANT AND, AFTER BEING CHECKED BY EMERGENCY MEDICAL SERVICES (EMS), SHE WAS RELEASED TO ME. WHILE SPEAKING WITH THE DEFENDANT, IDENTIFIED AS MS CYNTHIA LOIS HALL, I DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH, HER SPEECH WAS SLURRED, AND SHE WAS VERY UNSTEADY ON HER FEET. I ASKED THE DEFENDANT WHERE SHE WAS GOING PRIOR TO THE CRASH, TO WHICH SHE POINTED EASTBOUND. I AGAIN ASKED HER TO VERIFY WHAT DIRECTION SHE HAD BEEN TRAVELLING. SHE AGAIN POINTED EASTBOUND. I ASKED THE DEFENDANT HOW HER VEHICLE WAS TRAVELLING WESTBOUND WHEN IT CRASHED IF SHE HAD BEEN TRAVELLING EASTBOUND, TO WHICH SHE STATED SHE DID NOT KNOW. AT 1503 HOURS, I INFORMED THE DEFENDANT THAT I HAD COMPLETED MY NON-CRIMINAL TRAFFIC CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. I ASKED THE DEFENDANT IF SHE FELT INJURED IN ANY WAY, TO WHICH SHE STATED NO. I ASKED IF SHE HAD ANY KNEE REPLACEMENTS OR ANY PROBLEMS OF THAT NATURE, TO WHICH SHE STATED NO. I ASKED THE DEFENDANT IF SHE WEARS GLASSES OR CONTACT LENSES, TO WHICH SHE AGAIN STATED NO. I REQUESTED THAT SHE PERFORM A SERIES OF FIELD SOBRIETY TASKS, TO WHICH SHE AGREED. I BEGAN WITH THE HORIZONTAL GAZE NYSTAGMUS TASK. I EXPLAINED THE TASK TO THE DEFENDANT. WHILE SPEAKING WITH THE DEFENDANT, SHE WAS VERY UNSTEADY ON HER FEET AND HAD TO BE STEADIED BY DEPUTY PHILLIPS AND MYSELF. SHE WAS NOT ABLE TO STAND UP WITHOUT HELP AND SHE WAS NOT ABLE TO HOLD HER HEAD STRAIGHT OR KEEP HER EYES OPEN TO VIEW THE PEN. AFTER SEVERAL ATTEMPTS, IT BECAME APPARENT THE DEFENDANT WAS GOING TO BE UNABLE TO COMPLETE THIS OR ANY OF THE REQUESTED TASKS. AT THAT TIME, I PLACED HER UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BY DEPUTY PHILLIPS, WHO TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY AT MY REQUEST. UPON ARRIVAL, THE DEFENDANT PROVIDED BREATH SAMPLES WITH THE RESULT BEING .208 PERCENT. SHE PROVIDED A SECOND SAMPLE, WHICH I WAS INFORMED BY THE INTOXILYZER OPERATOR THAT SHE PROVIDED A STRONGER MORE CONTINUOUS BREATH SAMPLE, WHICH YIELDED A RESULT OF .235 PERCENT. THE DEFENDANT WAS ISSUED A CITATION FOR DUI IMPAIRMENT, SECOND OFFENSE AND FOR CARELESS DRIVING. THE DEFENDANT WAS ISSUED A COURT DATE OF 091814 AT 1300 HOURS. THE DEFENDANT'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. FHP CASE NUMBER : FHPC14OFF077420 |
