| Probable cause affidavit: |
SUBMITTED BY: HENRY, JUSTIN (FWC) AR1337 THE DEFENDANT, MS DAWN M CHADWICK, did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired, in violation of Florida Statute 327.35(4). ON MAY 26, 2012 I, OFFICER JUSTIN HENRY, OF THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION WAS ON WATER PATROL ON HOMOSASSA RIVER. AT APPROXIMATELY 1600 HOURS, WHILE PULLING ALONGSIDE A VESSEL TO PERFORM A BOATING SAFETY INSPECTION, I OBSERVED A RED AND WHITE PONTOON BOAT ON A PLANE VIOLATING THE MANATEE SLOW SPEED ZONE. I OBSERVED THE OPERATOR TO BE A FEMALE, LATER IDENTIFIED AS MS DAWN M CHADWICK, WITH A DATE OF BIRTH 12/28/78, TO BE TALKING ON A CELLULAR TELEPHONE I ATTEMPTED TO GET THE OPERATORâS ATTENTION BY PULLING ALONGSIDE HER VESSEL, WHILE UNDERWAY. I HAD MY VESSELâS EMERGENCY LIGHTS ON STILL FROM MY PREVIOUS STOP. AFTER YELLING AT HER THREE TIMES, THE DEFENDANT FINALLY STOPPED THE VESSEL. I PULLED ALONGSIDE THE VESSEL AND OBSERVED THE OPERATOR TO HAVE A BLANK STARE ON HER FACE. ONCE THE VESSEL STOPPED I OBSERVED A SECOND INDIVIDUAL ON BOARD, LATER IDENTIFIED AS MR SHAUN EDWARD CHADWICK, WITH A DATE OF BIRTH OF 06/04/84. I ASKED MS CHADWICK TO GET TWO LIFE JACKETS AND THE REGISTRATION. MR CHADWICK ADVISED IT WAS A RENTAL BOAT. MS CHADWICK WAS EXTREMELY UNSTEADY WHILE TRYING TO FIND THE LIFE JACKETS. MS CHADWICK CONTINUED TO HAVE A BLANK CONFUSED LOOK ON HER FACE. I HIPPED TOWED THE VESSEL INTO TRADEWINDS CANAL AND PERFORMED THE FOLLOWING FIELD SOBRIETY TASKS AND OBSERVED THE FOLLOWING CLUES. ALL INSTRUCTIONS WERE READ FROM PREPARED TEXT, AND MS CHADWICK STATED THAT SHE UNDERSTOOD ALL DIRECTIONS. HORIZONTAL GAZE NYSTAGMUS: LACK OF SMOOTH PURSUIT IN BOTH LEFT AND RIGHT EYES DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES MRS. CHADWICK ALSO HAD VERTICAL NYSTAGMUS FINGER TO NOSE: UNABLE TO FOLLOW INSTRUCTIONS DID NOT CLOSE EYES DID NOT TILT HEAD OPENED EYES DURING TASK MOVED HEAD DURING TASK ON COMMAND OF LEFT: HESITATED, SEARCHED, NOT FINGERTIP, MISSED NOSE, DID NOT BRING DOWN ON COMMAND OF RIGHT: HESITATED, NOT FINGERTIP, MISSED NOSE, DID NOT BRING DOWN ON COMMAND OF LEFT: SEARCHED, NOT FINGERTIP, MISSED NOSE, DID NOT BRING DOWN ON COMMAND OF RIGHT: HESITATED, NOT FINGERTIP, MISSED NOSE, DID NOT BRING DOWN. ON COMMAND OF RIGHT: NOT FINGERTIP, MISSED NOSE, DID NOT BRING DOWN ON COMMAND OF LEFT: NOT FINGERTIP, MISSED NOSE, DID NOT BRING DOWN PALM PAT: UNABLE TO FOLLOW INSTRUCTIONS DID NOT COUNT AS INSTRUCTED ROTATED HANDS HAND COORDINATION: UNABLE TO FOLLOW INSTRUCTIONS STARTED AT WRONG TIME IMPROPER COUNT DID NOT CLAP DURING TASK 2 DID NOT PERFORM RETURN STEPS MS CHADWICK WAS PLACED UNDER ARREST FOR BOATING UNDER THE INFLUENCE 327.35(4) AND TRANSPORTED TO CITRUS COUNTY JAIL BY CITRUS COUNTY SHERIFF'S OFFICE. MS CHADWICK SUBMITTED TO A LAWFUL TEST OF HER BREATH WITH THE RESULTS OF .285 AND .276. MS CHADWICK ALSO WAS ISSUED A UNIFORM BOATING CITATION FOR VIOLATION OF A MANATEE SPEED ZONE 68C-22.011(1)(B)2.B. |
