| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-4339) 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT RAN IN TO THE SIDE OF ANOTHER VEHICLE IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) AT APPROXIMATELY 1918 HOURS I RESPONDED TO WEST YULEE DRIVE AND SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, IN REFERENCE TO A VEHICLE CRASH. UPON MY ARRIVAL, I OBSERVED A SILVER NISSAN SENTRA WITH THE LEFT FRONT CORNER IN CONTACT WITH THE LEFT SIDE OF VEHICLE NUMBER TWO, WHICH WAS A SCHWANNâS ICE CREAM TRUCK. THE DEFENDANT WAS STANDING OUTSIDE OF HER NISSAN SENTRA AND THE DRIVER OF THE OTHER VEHICLE WAS STANDING OUTSIDE OF HIS VEHICLE. I MADE CONTACT WITH THE VICTIM, MR MICHAEL KEITH, WHO ADVISED THAT HE WAS IN THE LEFT TURN LANE OF WEST YULEE DRIVE AND THE DEFENDANT DROVE RIGHT INTO THE SIDE OF HIM. I THEN MADE CONTACT WITH THE DEFENDANT, MS CYNTHIA LANHAM, AND ASKED HER WHAT HAD HAPPENED, TO WHICH SHE ADVISED THAT SHE CRASHED IN TO THE OTHER VEHICLE. I NOTICED THAT THE DEFENDANT HAD SLURRED SPEECH, AT WHICH TIME I ASKED HER IF SHE WAS OK AND SHE STATED YES, SHE WAS. I THEN ASKED THE DEFENDANT IF SHE WAS TAKING ANY MEDICATIONS, TO WHICH SHE STATED YES, BUT SHE DID NOT KNOW WHAT IT WAS OR WHY SHE WAS TAKING IT. I COULD ALSO DETECT A STRONG ODOR OF ALCOHOL EMITTING FROM HER BREATH AND I ASKED HER IF SHE HAD ANYTHING TO DRINK TONIGHT, AND SHE STATED NO. I ASKED HER HOW MUCH MEDICATION HAD SHE TAKEN AND WHEN HAD SHE TAKEN IT, AND SHE ADVISED THAT SHE TOOK IT BUT DID NOT KNOW WHAT IT WAS FOR AND SHE TOOK WHAT WAS GIVEN TO HER. I ASKED HER WHY SHE WAS TAKING THE MEDICATION AND SHE STATED THAT SHE WAS BIPOLAR AND THAT SHE HAD OTHER ISSUES, WHICH SHE DID NOT DESCRIBE. AT THIS TIME, I ADVISED THE DEFENDANT THAT I WAS GOING FROM MY ACCIDENT INVESTIGATION TO A DUI (DRIVING UNDER THE INFLUENCE) INVESTIGATION. I THEN ASKED HER IF SHE WOULD PERFORM FIELD SOBRIETY TASKS TO WHICH SHE NODDED HER HEAD AND I HAD HER STEP TO THE REAR OF HER VEHICLE. I AGAIN ASKED HER IF SHE WOULD PERFORM THE FIELD SOBRIETY TASKS AND SHE STATED âI DONâT KNOW WHY, BECAUSE I HAD TOO MUCH TO DRINKâ. AT THAT TIME THE DEFENDANT WAS ASKED 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. 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, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS AND INSTEAD SHE STARED STRAIGHT AHEAD AT ME, EVEN AFTER BEING INSTRUCTED ON HOW TO PERFORM THIS TASK. THE DEFENDANT WAS VERY UNSTEADY ON HER FEET AND COULD NOT STAND STRAIGHT WITHOUT BEING ASSISTED TO DO SO BY MYSELF. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATEDLY STARTED THE TASK BEFORE BEING INSTRUCTED DO AND EACH TIME SHE ATTEMPTED TO WALK WITHOUT BEING INSTRUCTED TO AND WOULD LOSE HER BALANCE AND WALK IN A DIAGONAL MOTION I REPEATEDLY TOLD THE DEFENDANT TO WAIT TO START THE TASK UNTIL INSTRUCTED BUT SHE FAILED TO DO SO. I ALSO OBSERVED THAT THE DEFENDANT HAD URINATED ON HERSELF. AT THAT TIME, I ATTEMPTED TO PLACE THE DEFENDANT UNDER ARREST, TO WHICH SHE RESISTED AND STATED THAT SHE JUST WANTED TO TAKE HER DOG HOME AND SHE WAS NOT GOING TO JAIL I THEN GAINED CONTROL OF THE DEFENDANT AND PLACED HER UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. 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 SUBMIT TO THE APPROVED TEST OF HER BREATH AND THAT SHE DID WISH TO SPEAK TO ME. WHILE EN ROUTE TO THE JAIL, THE DEFENDANT STATED THAT SHE HAD JUST GOTTEN THE VEHICLE THAT DAY AND THAT SHE WENT TO THE DOG BAR TO DRINK. THE DEFENDANT STATED THAT SHE JUST HAD A COUPLE OF BEERS AND THAT SHE DID NOT NEED TO GO TO JAIL BECAUSE SHE WAS CRAZY. THERE WERE NO OTHER ISSUES WHILE EN ROUTE TO THE JAIL. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY VIGGIANO TO BE TOWED BY ADAMâS TOWING AND HER DOG WAS TURNED OVER TO ANIMAL CONTROL. AFTER ARRIVING AT THE CITRUS COUNTY 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 .214 AND .205. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND DUI WITH PROPERTY DAMAGE WITH A TOTAL BOND OF $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 7200XGAX FOR DRIVING UNDER THE INFLUENCE, AND CITATION NUMBER 7201XGA1 FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE FOR BOTH CITATIONS ON 022113 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 6833WQB1 FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS. A TRAFFIC ACCIDENT REPORT WAS FILLED WITH DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, NUMBER 82404672. |
