Date of birth: | May 12, 1973 |
Probable cause affidavit: | SUBMITTED BY: PRUS, CHRISTOPHER 0339 (AR09107769) 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). WHILE ON PATROL ON US HIGHWAY 19, I OBSERVED THE DEFENDANT TURNING ON TO US 19 NORTH BOUND FROM A PRIVATE DRIVEWAY AT A HIGH RATE OF SPEED. I FURTHER OBSERVED THE VEHICLE SWERVE THREE TIMES CROSSING THE YELLOW LINE INTO THE SOUTH BOUND TRAFFIC. AT THAT TIME, I INITIATED MY EMERGENCY LIGHTS AND SIREN AT WHICH TIME THE VEHICLE BEGAN TO PICK UP SPEED AND DID NOT STOP FOR APPROXIMATELY ONE MILE. THE VEHICLE THEN CAME TO REST AT U.S. HIGHWAY 19 AND IVY TERRACE AT WHICH TIME; I APPROACHED THE VEHICLE AND DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S VEHICLE. THE DEFENDANT WAS ASKED TO EXIT HER VEHICLE AND I DID OBSERVE THAT THE DEFENDANT HAD TO USE THE VEHICLE TO KEEP HER BALANCE. THE DEFENDANT STUMBLED TWO TIMES WHILE WALKING TO THE BACK OF HER VEHICLE. WHILE AT THE REAR OF THE DEFENDANT'S VEHICLE, I ASKED HER IF SHE HAD BEEN DRINKING AT WHICH TIME SHE ADVISED THAT SHE HAD CONSUMED THREE RUM AND COKES AND ADVISED THAT SHE WAS NOT DRUNK. 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 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTION AND AFTER WALKING ELEVEN STEPS AND ATTEMPTING TO TURN, THE DEFENDANT STUMBLED AND HAD TO USE THE TRUCK TO GAIN HER BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HER RIGHT LEG WHICH CAUSED HER TO STUMBLE AND AFTER GAINING HER BALANCE, SHE DID ATTEMPT THE TASK ONE MORE TIME WHERE THE DEFENDANT AGAIN FAILED BY STUMBLING. 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 TURNED OVER TO THE DEFENDANT'S FATHER 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 .196 AND 0.188 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 5958-XDH WITH A MANDATORY COURT APPEARANCE ON 030909, AT 0830 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Feb 19, 2009 |
Booking number: | 09107769 |
Booking location: | Citrus County, FL |
Code: | 316.193(1) |
Charge description: | DUI - ALCOHOL, DRUGS, OR CHEMICAL IMPAIRMENT |
Bond amount: | $500 |