| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR10117375) 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 AND CAUSED PROPERTY DAMAGE TO A MOTORCYCLE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(C)(1). ON 101410 AT APPROXIMATELY 1824 HOURS, I ARRIVED AT A TRAFFIC ACCIDENT WHICH DEPUTY PERUCHE WAS DISPATCHED TO AT THE YARD ARM RESTAURANT LOCATED AT 5297 SOUTH CHEROKEE WAY IN HOMOSASSA. DEPUTY PERUCHE ADVISED ME THAT THE DEFENDANT WAS OBSERVED BACKING OUT OF A PARKING SPACE AT THE RESTAURANT AND BACKING INTO A HARLEY DAVIDSON MOTORCYCLE WITH A NORTH CAROLINA TAG OF 3T9069 WHILE SHE WAS DRIVING A 2003 LINCOLN NAVIGATOR BEARING A FLORIDA TAG OF K834AJ. DEPUTY PERUCHE THEN MADE CONTACT WITH THE OWNER OF THE MOTORCYCLE WHO ADVISED HIM OF THE SAME. DEPUTY PERUCHE ALSO STATED WHILE SPEAKING WITH THE DEFENDANT SHE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH AND SHE HAD GLASSY EYES AND SLURRED SPEECH. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT, MS CYNTHIA WALKER, WHERE I ALSO DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. AFTER MY TRAFFIC INVESTIGATION WAS COMPLETED (DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (DHSMV) CRASH REPORT NUMBER 74179933), I INFORMED THE DEFENDANT I WOULD BE CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. 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 DID NOT. THE DEFENDANT WAS THEN READ MIRANDA VIA CARD BY THIS DEPUTY AND SHE STATED SHE UNDERSTOOD AND WOULD SPEAK WITH THIS DEPUTY. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT FOLLOWED THE PEN WITH HER HEAD AND WOULD NOT FOLLOW DIRECTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT MORE THAN ONCE. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO TOUCH HEEL TO TOE AND COUNT OUT LOUD. SHE FAILED TO FOLLOW THE DIRECTIONS PROPERLY. THE DEFENDANT STEPPED OFF THE LINE ON EVERY STEP EVEN THOUGH WE WERE ON A SMOOTH FLAT SURFACE. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT SEVERAL TIMES. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HER EYES SHUT AND TILT HER HEAD BACK. WHILE TOUCHING HER NOSE, SHE WAS USING HER MIDDLE FINGER INSTEAD OF HER INDEX FINGER AND AFTER THE THIRD TIME, SHE ATTEMPTED TO COMPLETE THE TASK SHE WAS TOUCHING HER NOSE WITH HER INDEX FINGER TO THE BRIDGE OF HER NOSE. SHE WAS NOT COMPLETING THE TASK CORRECTLY. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK CORRECTLY. SHE WAS USING HER ARMS TO BALANCE HERSELF WITHOUT KEEPING HER ARMS DOWN BY HER SIDE. AT COUNT 12 ONE THOUSAND, SHE BEGAN COUNTING NORMALLY SAYING 12 AND SKIPPED NUMBERS TO 15 AND THEN SKIPPED TO NUMBER 18 AND THEN STOPPED AND STATED SHE COULD NOT DO THIS. TASK FIVE, THE RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, SHE WAS UNABLE TO KEEP HER EYES CLOSED AND WITH HER HEAD TILTED BACK AT THE LETTER "Q" AND "O" SHE STATED "SHOOT" AND SHE STOPPED THE TASK AND STATED SHE COULD NOT COMPLETE THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER BROTHER, MR DANIEL WILLIAMS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE 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 0.152 AND 0.157. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE INVOLVING A PROPERTY DAMAGE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7148-XD0X, WITH A MANDATORY COURT APPEARANCE ON 110410 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8580-FRY9, FOR IMPROPER BACKING, WITH A $166 FINE, PAYABLE IN 30 DAYS AT THE CITRUS COUNTY COURTHOUSE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
