| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR09112559) 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. ON 122509, AT APPROXIMATELY 2323 HOURS, I ARRIVED IN THE AREA OF COUNTY ROAD 491 AND TRUMAN BOULEVARD IN REFERENCE TO A VEHICLE CRASH. AT THAT TIME I MADE CONTACT WITH DEPUTY STRICKLAND WHO ADVISED HE WAS TALKING with a SUBJECT FROM ONE OF THE VEHICLES AND THAT PERSON APPEARED TO BE UNDER THE INFLUENCE OF SOME SORT OF ALCOHOLIC BEVERAGE. AFTER RECEIVING THAT INFORMATION I MADE CONTACT WITH THE VICTIM, WHO ADVISED SHE WAS TRAVELING NORTHBOUND ON COUNTY ROAD 491 IN THE LEFT LANE IN THE AREA OF BEVERLY HILLS BOWL WHEN SHE WAS STRUCK IN THE PASSENGER SIDE REAR OF HER VEHICLE BY A VEHICLE TRAVELING NORTHBOUND IN THE RIGHT LANE. I THEN MADE CONTACT WITH THE DEFENDANT AT HER VEHICLE. I ASKED THE DEFENDANT ABOUT THE VEHICLE CRASH AND SHE ADVISED SHE WAS TRAVELING NORTHBOUND ON COUNTY ROAD 491 IN THE AREA OF BEVERLY HILLS BOWL WHERE SHE DOES NOT REMEMBER ANYTHING OTHER THAN FEELING A BUMP AND AFTER FEELING THE BUMP SHE REALIZED SHE HAD HIT ANOTHER VEHICLE. AT THAT TIME BOTH VEHICLES PULLED INTO THE PARKING LOT OF THE SHELL GAS STATION, JUST SOUTH OF TRUMAN BOULEVARD. WHILE SPEAKING to the DEFENDANT SHE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON . HER EYES WERE BLOODSHOT AND HER speech WAS SLURRED. AT THAT TIME I ADVISED THE DEFENDANT I WAS CONCLUDING MY TRAFFIC CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. AT THAT TIME I HAD THE DEFENDANT EXIT HER VEHICLE. THE DEFENDANT WAS VERY UNSTEADY EXITING HER VEHICLE. SHE HAD TO USE THE ROOF OF THE VEHICLE AND THE DOOR TO KEEP HERSELF FROM FALLING. AT THAT TIME I HAD THE DEFENDANT WALK TO THE FRONT OF HER VEHICLE, AT WHICH TIME I ASKED HER HOW MUCH SHE HAD TO DRINK THIS EVENING, AND SHE ADVISED SHE HAD DRUNK A COUPLE OF GLASSES OF CHAMPAIGN, AND EARLIER IN THE DAY SHE HAD TAKEN A FLEXORIL TABLET. 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. 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 AT ONE POINT FELL BACKWARD ON THE HOOD OF HER VEHICLE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, SHE WAS VERY UNSTEADY, AND AT ONE POINT LOST HER BALANCE AND BEGAN TO FALL AND MYSELF AND DEPUTY STRICKLAND HAD TO ASSIST HER TO KEEP HER FROM FALLING. THE DEFENDANT TOOK TWELVE STEPS IN ONE DIRECTION AND ON THE RETURN SHE STILL CONTINUED TO STEP OFF THE LINE, NOT TO COUNT OUT LOUD, AND LOST HER BALANCE APPROXIMATELY TWO MORE TIMES. AT THAT TIME IT WAS DETERMINED THE DEFENDANT COULD NOT PERFORM THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTABLE, ONLY ABLE TO PICK HER FOOT UP FOR THE COUNT OF THREE, AND WAS GIVEN ANOTHER ATTEMPT TO PERFORM THIS TASK, AT WHICH TIME SHE HELD HER FOOT FOR THE COUNT OF ONE, WHERE SHE LOST HER BALANCE AND HAD TO BE ASSISTED BY DEPUTY STRICKLAND TO KEEP FROM FALLING. AT THAT TIME IT WAS DETERMINED THE DEFENDANT COULD NOT PERFORM THIS 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 LEFT IN THE PARKING LOT OF THE SHELL GAS STATION PER HER REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .144 AND .142. 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 UNIFORM TRAFFIC CITATION, NUMBER 7250-XAD-6 WITH A MANDATORY COURT APPEARANCE OF 011410, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0373-FIR-5 FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
