| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR17-22970) 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(1)(A). ON 031117 AT APPROXIMATELY 0242 HOURS, DEPUTY BARR 1338 ADVISED DISPATCH THAT, WHILE APPROACHING WEST INDIAN WOODS PATH, IN CRYSTAL RIVER, HE OBSERVED A RED VEHICLE TRAVELING NORTHBOUND ON HIGHWAY 19 IN THE SOUTHBOUND LANES. HE ADVISED THAT SAID VEHICLE JUST MISSED STRIKING HIM. DEPUTY BARR THEN TURNED HIS VEHICLE AROUND, ACTIVATING HIS EMERGENCY LIGHTS AND SIREN. AFTER A SHORT DISTANCE, THE VEHICLE PULLED INTO THE MAIN ENTRANCE TO SEVEN RIVERS HOSPITAL LOCATED AT 6201 NORTH SUNCOAST BOULEVARD, IN CRYSTAL RIVER. AT THAT POINT, I WAS REQUESTED TO RESPOND TO THE SCENE TO INVESTIGATE A POSSIBLE DRIVING UNDER THE INFLUENCE (DUI). UPON ARRIVAL, I WAS DIRECTED TOWARD THE DEFENDANT, MS DEANNA KELLEY. AS I APPROACHED THE DEFENDANT, SHE APPEARED VERY UNSTEADY, LEANING AGAINST THE REAR OF HER VEHICLE. AS I INTRODUCED MYSELF AND INFORMED HER OF THE REASON FOR MY PRESENCE, I COULD DETECT THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HER BREATH. HER EYES WERE EXTREMELY BLOODSHOT AND GLASSY AND HER PUPILS WERE DILATED. THE DEFENDANTâS SPEECH WAS VERY SLURRED AND, EVEN WHILE LEANING AGAINST HER VEHICLE, SHE WOBBLED BACK AND FORTH BEING VERY UNSTEADY IN BALANCE. AT THAT TIME, THE DEFENDANT WAS READ MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE ADVISED THAT SHE DID NOT WANT TO MAKE ANY STATEMENTS ABOUT THE INCIDENT; HOWEVER, SHE CONTINUED STATING âI SHOULDNâT HAVE BEEN DRIVING, I DESERVE WHAT I GET.â AT THAT TIME, I THEN REQUESTED THE DEFENDANT, IF SHE WAS WILLING, TO SUBMIT TO THREE FIELD SOBRIETY TASKS. THE DEFENDANT AGREED TO SUBMIT TO THE TASKS. 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 WALK STEADILY OR MAINTAIN HEEL TO TOE IN A STRAIGHT LINE. THE DEFENDANT COUNTED PROPERLY TO NINE STEPS; HOWEVER, UPON TURNING, SHE ALMOST LOST HER BALANCE, COMPLETELY STUMBLING SIDEWAYS. THE DEFENDANT THEN REGAINED HER BALANCE AND ATTEMPTED TO RETURN. SHE WAS UNABLE TO MAINTAIN A STRAIGHT LINE AGAIN; HOWEVER, SHE WAS ABLE TO COMPLETE THE COUNT OF NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN BALANCE AND COULD NOT EVEN HOLD HER FOOT FOR THE COUNT OF ONE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 SECURED IN THE SEVEN RIVERS HOSPITAL PARKING LOT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND PRESENTED TO CORRECTIONS OFFICER DANIEL FLOYD. OFFICER FLOYD READ THE DEFENDANT HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING 0.186 AND 0.186, RESPECTIVELY. THE DEFENDANTâS BOND WAS SET AT $1,000.00 FOR DUI, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER A44KSSE WITH AN IN-CUSTODY COURT APPEARANCE ON 032717 AT 0845 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 87YPXME BY DEPUTY BARR, FOR DRIVING ON THE WRONG SIDE OF A DIVIDED HIGHWAY, WITH A $166.00 FINE PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
