| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR12-3005) 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; ON 100412 AT APPROXIMATELY 0135 HOURS, WHILE ON ROUTINE PATROL TRAVELLING NORTHBOUND ON US HIGHWAY 41 IN THE AREA OF K-MART IN INVERNESS, I OBSERVED THE DEFENDANT OPERATING HER VEHICLE IN AN ERRATIC MANNER. THE DEFENDANT’S VEHICLE WAS CONSTANTLY MOVING FROM LEFT TO RIGHT. AT ONE POINT, THE VEHICLE WAS IN THE NORTHEAST TURN LANE AND THEN CROSSED BACK OVER INTO THE SOUTHEAST TURN LANE CONTINUING NORTHBOUND. I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT TO STOP THE DEFENDANT BEFORE STRUCK ANY ONCOMING VEHICLES. THE DEFENDANT’S VEHICLE THEN PULLED INTO THE PARKING LOT OF K-MART. I THEN MADE CONTACT WITH THE DEFENDANT AT HER VEHICLE. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON, HER EYES WERE BLOODSHOT AND HER SPEECH WAS SLURRED. I THEN ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK THIS EVENING, AT WHICH TIME, SHE ADVISED THAT SHE HAD FIVE TO SIX BEERS AT GRIFF’S BAR. I THEN HAD THE DEFENDANT EXIT HER VEHICLE. SHE WAS VERY SLOW AND UNSTEADY ON HER FEET AS SHE EXITED HER VEHICLE . I THEN HAD THE DEFENDANT WALK TO THE REAR OF HER VEHICLE, AT WHICH TIME, SHE WAS USING HER VEHICLE TO KEEP HER BALANCE. WHILE AT THE REAR OF THE DEFENDANT’S VEHICLE, 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. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/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. DURING THIS TASK THE DEFENDANT WAS VERY UNSTEADY AND HAD TO BE TOLD THREE TIMES NOT TO MOVE HER HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT TWO TIMES. DURING THIS TASK, THE DEFENDANT DID NOT COUNT OUT LOUD AS INSTRUCTED, DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE LOOSING HER BALANCE, WHICH OCCURRED APPROXIMATELY FOUR TIMES. ON THE TURN AROUND THE DEFENDANT LOST HER BALANCE, BUT WAS ABLE TO CATCH HERSELF ON THE FRONT OF MY PATROL VEHICLE. THE DEFENDANT CONTINUED TO STEP OFF THE LINE NOT TOUCHING HEEL TO TOE AND NOT USING HER ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT TWO TIMES. DURING THIS TASK, THE DEFENDANT LIFTED HER RIGHT FOOT FOR THE COUNT OF THREE AND PUT HER FOOT DOWN. SHE THEN ATTEMPTED THIS TASK AGAIN LIFTING HER RIGHT FOOT FOR THE COUNT OF FOUR, BEFORE FULLY LOOSING HER BALANCE. AT THAT TIME THE DEFENDANT WAS 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 SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER THE DEFENDANT’S REQUEST. 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 .170 AND .165. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI CRIMINAL UNIFORM TRAFFIC CITATION, CITATION NUMBER 492713-X8 WITH A MANDATORY COURT APPEARANCE ON 101812 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0560-GQG-6, FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
