| Probable cause affidavit: |
SUBMITTED BY: BAIRD, MATTHEW 0624 (AR10117715) 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'S STATE STATUTE 316.193(2)(B)(2). DID DRIVE OR WAS IN PHYSICAL CONTROL OF A MOTOR VEHICLE THAT WAS NOT REGISTERED in the STATE OF FLORIDA IN VIOLATION OF FLORIDA'S STATE STATUTE 820.02(1). did unlawfully and knowingly attach to a motor vehicle or mobile home, to-wit: a license plate or validation sticker to the plate not issued and assigned or lawfully transferred to such vehicle, in violation of Florida'S STATE Statute 320.261. ON 110110 AT APPROXIMATELY 2200 HOURS, I WAS TRAVELING NORTHBOUND ON SOUTH US HIGHWAY 41 IN A MARKED CITRUS COUNTY SHERIFF'S OFFICE PATROL VEHICLE. AS I APPROACHED THE INTERSECTION OF SOUTH US HIGHWAY 41 AND HIGHWAY 44 EAST, I OBSERVED A GREEN LIGHT FOR THE NORTHBOUND TRAFFIC AND PROCEEDED TO ENTER THE INTERSECTION. AS I ENTERED THE INTERSECTION, I OBSERVED A WHITE MINI-VAN ENTER THE INTERSECTION TRAVELING WESTBOUND ON HIGHWAY 44 EAST FAILING TO STOP FOR A RED LIGHT. THE WHITE MINI VAN CONTINUED THROUGH THE INTERSECTION PASSING WITHIN TWO CAR LENGTHS OF MY PATROL VEHICLE AND FORCING ME TO BRAKE IN ORDER TO AVOID A COLLISION. THE WHITE MINI VAN THEN TURNED SOUTH ON SOUTH US HIGHWAY 41 AT WHICH TIME I TURNED my PATROL VEHICLE AROUND AND ACTIVATED MY OVERHEAD EMERGENCY LIGHTS INITIATING A TRAFFIC STOP IN THE PARKING LOT OF BRANNEN BANK LOCATED AT 320 SOUTH US HIGHWAY 41. UPON MAKING CONTACT WITH the DRIVER, I DID DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER PERSON. I ALSO OBSERVED THAT HER EYES WERE GLASSY AND BLOOD SHOT AND HER speech WAS SLURRED. I ADVISED THE DEFENDANT WHY I HAD INITIATED THE TRAFFIC STOP AND ASKED HER TO PROVIDE HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT DID PROVIDE ME WITH A FLORIDA DRIVER'S LICENSE, PLACED HER HAND IN HER LAP AND STARED AT ME. I ASKED THE DEFENDANT AGAIN FOR HER REGISTRATION AND PROOF OF INSURANCE AT WHICH TIME SHE BEGAN TO LOOK THROUGH THE GLOVE BOX FOR SEVERAL MINUTES BEFORE AGAIN SITTING UPRIGHT STATING "OKAY" AND STARING AT ME AGAIN. I REQUESTED THAT THE DEFENDANT AGAIN PROVIDE ME WITH A REGISTRATION AND PROOF OF INSURANCE FOR A THIRD TIME, WHICH SHE AGAIN STATED "OKAY" BUT MADE NO ATTEMPT TO LOCATE THE INFORMATION. I RETURNED TO MY PATROL VEHICLE AND CHECKED THE DEFENDANT'S DRIVER'S LICENSE WITH FCIC/NCIC AS WELL AS THE VEHICLE REGISTRATION PLATE OF 567LFM. FCIC/NCIC ADVISED THAT THE FLORIDA REGISTRATION TAG HAD BEEN REPLACED BY 945NWG AND SHOULD APPEAR ON A 2000 TOYOTA 4-DOOR SILVER IN COLOR VEHICLE. I THEN RETURNED TO THE VEHICLE AND LOCATED THE VEHICLE IDENTIFICATION NUMBER KNDMB233866044881 and RETURNED TO MY PATROL VEHICLE. THE VEHICLE IDENTIFICATION NUMBER WAS CHECKED THROUGH FCIC/NCIC WHICH SHOWED IT BELONGING TO A 2006 WHITE KIA MINI VAN. I AGAIN MADE CONTACT WITH THE DEFENDANT AND ASKED HER WHO THE VEHICLE WAS REGISTERED TO, WHICH SHE REPLIED HER FATHER. I ASKED THE DEFENDANT what HER FATHER'S NAME WAS SEVERAL TIMES. THE DEFENDANT WAS UNABLE TO PROVIDE HIS NAME AND REPEATEDLY STATED "MY FATHER". FCIC/NCIC SHOWED THAT THE VEHICLE WAS REGISTERED TO A WILLIAM D LEE OUT OF FT MYERS FLORIDA. I HAVE BEEN UNABLE TO MAKE CONTACT WITH MR LEE AT THIS TIME. I AGAIN MADE CONTACT WITH THE DRIVER AND ASKED HER WHERE SHE WAS COMING FROM. THE DEFENDANT DID STATE THAT SHE HAD BEEN DRINKING AT GRIFF'S. I THEN ASKED THE DEFENDANT WHERE SHE WAS GOING, TO WHICH SHE REPLIED HER SISTER'S HOUSE. I ASKED THE DEFENDANT WHERE HER SISTER LIVED TO WHICH SHE REPLIED, RIGHT HERE AND POINTED AT THE LARGE WELL LIT BUILDING CLEARLY IDENTIFIED AS BRANNEN BANK. I ADVISED THE DEFENDANT THAT THE BUILDING SHE IDENTIFIED WAS IN FACT A BANK AND ASKED HER IF THAT WAS WHERE HER SISTER LIVED, TO WHICH SHE REPLIES YES. I ADVISED THE DEFENDANT THAT I WAS NOW INVESTIGATING THE FACT THAT SHE MAY HAVE BEEN DRIVING UNDER THE INFLUENCE. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND REQUESTED IF SHE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS SO THAT I COULD DETERMINE HER ABILITY TO OPERATE A MOTOR VEHICLE, SHE STATED THAT SHE WOULD. I ASKED HER HOW MUCH SHE HAD TO DRINK TODAY, TO WHICH SHE STATED A LITTLE. 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. DURING THIS TASK, THE DEFENDANT WAS UNSTEADY ON HER FEET, OFTEN SWAYING BACK AND FORTH AND RAISING HER ARMS IN ORDER TO MAINTAIN HER BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT MAINTAIN THE CORRECT POSITION WHILE THE TASK WAS BEING EXPLAINED AND THE INSTRUCTIONS HAD TO BE REPEATED SEVERAL TIMES. THE DEFENDANT DID NOT PLACE HER FEET HEEL TO TOE AND STEPPED OFF OF the LINE MULTIPLE TIMES DURING THIS TASK. THE DEFENDANT REPEATEDLY RAISED HER ARMS IN ORDER TO MAINTAIN HER BALANCE AND TOOK AN INCORRECT AMOUNT OF STEPS. THE DEFENDANT TOOK 15 STEPS BEFORE MAKING AN IMPROPER TURN DURING WHICH SHE LOST her BALANCE AND THEN TAKING 13 STEPS BEFORE STOPPING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT APPEARED NOT TO UNDERSTAND THE INSTRUCTIONS WHICH WERE REPEATED SEVERAL TIMES. WHILE THE INSTRUCTIONS WERE BEING EXPLAINED to the DEFENDANT, SHE OFTEN SWAYED BACK AND FORTH AND RAISED HER ARMS TO MAINTAIN HER BALANCE. THE DEFENDANT HAD TO BE TOLD SEVERAL TIMES TO BEGIN HER TASK AND THE INSTRUCTIONS HAD TO BE REPEATED MULTIPLE TIMES. THE DEFENDANT RAISED HER FOOT, AT NO TIME DID SHE COUNT OUT LOUD AND PLACED HER FOOT DOWN BEFORE 30 SECONDS HAD ELAPSED. the DEFENDANT DID ATTEMPT THIS TASK SEVERAL TIMES WITH THE SAME RESULTS. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HER BALANCE WHILE THE TASK WAS BEING EXPLAINED OFTEN SWAYING BACK AND FORTH AND RAISING HER ARMS IN ORDER TO MAINTAIN HER BALANCE. DURING THE TASK THE DEFENDANT USED THE WRONG HAND AS WELL AS USED HER PINKY FINGER INSTEAD OF HER INDEX FINGER. ON EVERY ATTEMPT, THE SUBJECT WAS UNABLE TO MAKE CONTACT WITH THE TIP OF HER NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS AND IMPLIED CONSENT VIA CARD 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 REQUESTED TO BE TOWED BY SCALLY'S. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY INTOXILIZER OPERATOR CORRECTIONS OFFICER SIBILIA. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT'S INFORMATION WAS ENTERED INTO DRIVER AND VEHICLE IDENTIFICATION DATA BASE WHICH SHOWED THAT HER LICENSE HAD PREVIOUSLY BEEN SUSPENDED FOR DRIVING UNDER THE INFLUENCE ON 120291 AND 080298. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $5,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 9824XCO6 WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION, NUMBER 3476GJX3, FOR ATTACHED TAG NOT ASSIGNED WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION, NUMBER 3524GJX5, FOR NO MOTOR VEHICLE REGISTRATION WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 3525GJX6 FOR RUNNING A RED LIGHT WITH A FINE OF $264.00 TO BE PAID AT THE CITRUS COUNTY CLERK'S OFFICE WITHIN 30 DAYS. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
