| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR11121577) 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(1). DID, KNOWING HER DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE, 322.34(2)(A). ON 07032011 AT 0658 HOURS I WAS DISPATCHED TO THE CHEVRON GAS STATION AT HIGHWAY 495 AND DUNKLIN, IN REFERENCE TO A POSSIBLE IMPAIRED DRIVER. PRIOR TO ARRIVAL DEPUTY REID LOCATED AND OBSERVED THE VEHICLE DRIVING SOUTHBOUND ON HIGHWAY 495. I THEN HEARD DEPUTY REID CALL OUT A TRAFFIC STOP ON THE SUSPECT VEHICLE ON WEST CHARLYNN LANE. I ARRIVED AND MADE CONTACT WITH DEPUTY REID. DEPUTY REID ADVISED ME THE VEHICLE ALMOST RAN INTO THE DITCH WHILE TURNING FROM HIGHWAY 495 ONTO CHARLYNN AND THE REGISTERED OWNER'S DRIVER'S LICENSE WAS NOT VALID. THE WEATHER CONDITIONS WERE CLEAR, LIGHT TO NO BREEZE AND SUNNY. THERE WERE NO OBVIOUS DEFECTS ON HIGHWAY 495 AT WEST CHARLYNN. I MADE CONTACT WITH THE DRIVER/DEFENDANT, DANA M TAYLOR. I REQUESTED MS TAYLOR PROVIDE ME WITH HER DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. I OBSERVED MS TAYLOR'S EYES WERE WATERY AND GLASSY, HER EYE LIDS WERE DROOPY AND HER SPEECH WAS SLURRED AND MUMBLED. MS TAYLOR PROVIDED THE VEHICLE REGISTRATION. I AGAIN ASKED FOR HER DRIVER'S LICENSE AND SHE STATED SHE DID NOT HAVE IT. I AGAIN ASKED MS TAYLOR FOR THE PROOF OF INSURANCE AND SHE BEGAN FUMBLING THROUGH HER PURSE LOOKING FOR IT. MS TAYLOR WAS NOT ABLE TO PROVIDE HER DRIVER'S LICENSE OR THE PROOF OF INSURANCE. I REQUESTED MS TAYLOR EXIT THE VEHICLE AND STEP BACK TO MY PATROL VEHICLE. MS TAYLOR WAS UNSTEADY AS SHE EXITED HER VEHICLE, USED HER VEHICLE FOR SUPPORT AND WAS SWAYING WHILE WALKING. I AGAIN ASKED MS TAYLOR ABOUT HER DRIVER'S LICENSE AND SHE STATED SHE WAS TRYING TO GET IT BACK AS IT HAD BEEN CANCELLED BECAUSE SHE DID NOT HAVE INSURANCE. 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 HAD A PROBLEM WITH HER LEFT KNEE AND HER NECK, BUT WAS NOT ON ANY MEDICATIONS OR UNDER A PHYSICIANS CARE. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID/DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP BALANCE DURING INSTRUCTION, DID NOT TOUCH HEEL TO TOE ON ANY STEP, ATTEMPTING TO WALK BACKWARDS UNTIL CORRECTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USES ARMS OVER SIX INCHES TO BALANCE, PUT HER FOOT DOWN AND WAS NOT ABLE TO PERFORM TASK. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP EYES CLOSED FOR THE ENTIRE TASK, LEFT-FUMBLED BUT TOUCHED, RIGHT-FUMBLED BUT TOUCHED, LEFT-UNDER NOSE, RIGHT-SLOW BUT TOUCHED, RIGHT-TIP, LEFT-UNDER NOSE. AT THIS TIME MS TAYLOR WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, WHERE SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND SEARCHED. WHILE SEARCHING MS TAYLOR, A HARD OBJECT WAS LOCATED IN HER CLOTHING BETWEEN HER BREASTS. SHE EXPLAINED THE HARD OBJECT WAS PART OF HER SWIMSUIT. DEPUTY VENTIMIGLIA RESPONDED TO CONDUCT A SEARCH OF MS TAYLOR and VERIFIED THAT THE HARD OBJECT WAS A PART OF MS TAYLOR'S SWIMSUIT. MS TAYLOR WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO CORRECTIONS OFFICER, D ERVIN, FOR A BREATH TEST. CORRECTIONS OFFICER ERVIN ADVISED ME THAT THE INTOXILIZER MACHINE WAS BROKEN. A BLOOD KIT WAS LOCATED AND I READ MS TAYLOR IMPLIED CONSENT AND REQUESTED HER TO PROVIDE A SAMPLE OF HER BLOOD. MS TAYLOR AGREED AND EMS WAS CALLED TO DRAW THE SAMPLE. EMS ARRIVED AND PARAMEDIC J ARMSTRONG DREW A SAMPLE OF MS TAYLOR'S BLOOD WHILE I OBSERVED. THE BLOOD SAMPLE WAS SEALED AND LATER TURNED IN TO EVIDENCE ALONG WITH A COMPLETED PROPERTY RECEIPT. MS TAYLOR WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED WITH KNOWLEDGE. MS TAYLOR'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. A DVD OF THIS INCIDENT WAS BURNED AND LATER TURNED IN TO EVIDENCE ALONG WITH A PROPERTY RECEIPT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT IN THE CUSTODY OF DEPUTY REID AND LATER TOWED BY ADAMS TOWING. THE DEFENDANT WAS ISSUED FLORIDA TRAFFIC UNIFORM CITATION, 8835ROZ(X) FOR DUI , WITH A COURT APPEARANCE TO BE SET BY JUDGE, FLORIDA UNIFORM TRAFFIC CITATION,8703ROZ(X), FOR DWLS, WITH A COURT DATE TO BE SET, FLORIDA UNIFORM TRAFFIC CITATION 8702ROZ(9) FOR CARELESS DRIVING WITH A PAYABLE FINE AMOUNT OF $166.00, AND FLORIDA UNIFORM TRAFFIC CITATION, 8834ROZ(9) FOR NO PROOF OF INSURANCE WITH A PAYABLE FINE AMOUNT OF $116.00. 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
