| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR10116240) 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 080810 I RESPONDED TO INVERNESS BOULEVARD AND SOUTH US HIGHWAY 41 AS A BACK-UP UNIT FOR DEPUTY PRICE. IT WAS DETERMINED THAT DEPUTY PRICE HAD OBSERVED A 1988, BUICK, STATION WAGON TRAVELLING NORTH ON US HIGHWAY 41 AND WATSON ROAD IN INVERNESS. THE VEHICLE HAD BEEN CLOCKED ON 65 MILES PER HOUR (MPH) IN A 45 MPH ZONE. IT TOOK CONSIDERABLE TRAVEL DISTANCE TO GET THE VEHICLE IN QUESTION TO PULL OVER, POSSIBLY DUE TO THE DRIVER'S CONDITION. UPON THE DRIVER PULLING OVER, THEY PULLED IN TO THE PLAZA ON INVERNESS BOULEVARD AND US HIGHWAY 41 SOUTH. THE DRIVER LATER IDENTIFIED AS THE DEFENDANT, MS DARLENE M SHELLEY, HAD GLASSY BLOODSHOT EYES, WAS VERY SLOW TO REACT AND HAD VERY THICK TONGUED. UPON THIS DEPUTY MAKING CONTACT WITH THE DEFENDANT, THIS DEPUTY COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT'S BREATH. THE DEFENDANT ADVISED, THAT SHE HAD CONSUMED THREE BEERS PREVIOUSLY AND SHE WAS JUST HELPING OUT A FRIEND. THE DEFENDANT WAS THEN ASKED IF SHE HAD ANY PHYSICAL OR MENTAL DISABILITIES THAT WOULD PREVENT HER FROM DOING ANY SOBRIETY TASKS. SHE ADVISED THAT HER LEFT ANKLE WAS POSSIBLY SPRAINED, BUT OTHER THEN THAT THERE WAS NO OTHER PHYSICAL DISABILITY. 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 FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT ADVISED THAT SHE DOES NOT HAVE ANY PROBLEMS WITH HER EYES BUT DOES WEAR GLASSES FOR READING. SHE COULD NOT FOLLOW THE PEN WITH HER EYES OR FOLLOW INSTRUCTIONS. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING AND USED THE WRONG HAND. TASK THREE ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND THE DEFENDANT WAS ASKED WHAT THE LAST GRADE SHE COMPLETED IN SCHOOL WAS . THE DEFENDANT STATED THE LAST GRADE SHE COMPLETED WAS CULINARY SCHOOL AND THAT SHE COULD READ AND WRITE ENGLISH. DURING THIS TASK SHE WAS UNABLE TO COMPLETE THE ALPHABET THROUGH SEVERAL ATTEMPTS, BUT WAS ABLE TO COMPLETE IT WITH SOME DIFFICULTY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASK DUE TO NOT HAVING GOOD BALANCE. 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, TOOK INCORRECT NUMBER OF STEPS, USED HER ARMS FOR BALANCE AND HAD TO STOP AND REGAIN HER BALANCE. 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 WAS UNCERTAIN, AT THIS TIME, IF SHE WOULD PROVIDE A SAMPLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO FRIENDS WHO WERE ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS SUBSEQUENTLY CHARGED WITH REFUSAL TO SUBMIT THE REQUIRED TEST DUE TO A PRIOR REFUSAL. 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, CITATION NUMBER 4414-XDX-9 AND FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 3401-GJX-6, FOR REFUSAL TO SUBMIT TO REQUIRED TEST WITH A PREVIOUS REFUSAL WITH A MANDATORY COURT APPEARANCE ON 082610 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $750.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION BY DEPUTY PRICE, CITATION NUMBER 2112-ESH-2, FOR SPEEDING 65 MPH IN 45 MPH ZONE WITH A $281.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE SOBRIETY TASKS ON SCENE WERE CAPTURED BY IN CAR VIDEO AND WILL BE PLACED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. *NOT-EXEMPT* |
