| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR09112616) 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). ON 123109, DEPUTY CREEL, ALONG WITH DEPUTY CHRIS HOLLOWAY, WERE DISPATCHED TO A RECKLESS DRIVER, POSSIBLY DRIVING UNDER THE INFLUENCE (DUI) CALL ON HIGHWAY 581. THE COMPLAINANT ADVISED THAT THERE WAS A VEHICLE THAT WAS RUNNING OFF THE ROAD, DRIVING IN THE OTHER LANE, AND ALMOST CAUSING ACCIDENTS. UPON ARRIVAL, DEPUTY HOLLOWAY LOCATED THE SUSPECTED VEHICLE, BEARING FLORIDA TAG, A606GH, IN THE AREA OF 581 AND TUTTLE STREET. THE VEHICLE WAS DRIVING HALFWAY ON AND OFF THE HIGHWAY, AS WELL AS DRIVING IN A VERY UNSAFE AND ERRATIC MANNER. DEPUTY HOLLOWAY ATTEMPTED TO MAKE A TRAFFIC STOP ON THE VEHICLE AT THAT LOCATION, HOWEVER, THE VEHICLE DID NOT IMMEDIATELY PULL OVER, EVEN THOUGH HE HAD HIS SIREN AND EMERGENCY LIGHTS ACTIVATED. THE VEHICLE THEN PROCEEDED WESTBOUND ON HIGHWAY 44, TURNING RIGHT ON COLONADE STREET WHERE IT EVENTUALLY STOPPED. CONTACT WAS MADE WITH THE DRIVER /DEFENDANT, WHOSE WAS IDENTIFIED THROUGH HER FLORIDA DRIVER'S LICENSE AS MS DEANNA THOMASON. THE DEFENDANT HAD GLASSY, BLOODSHOT EYES, A VERY SLOW REACTION TIME AND A STRONG ODOR OF ALCOHOL EMANATING FROM HER BREATH. THIS DEPUTY RESPONDED TO THE TRAFFIC STOP LOCATION AND MADE CONTACT WITH THE DEFENDANT, WHO WAS OBVIOUSLY SHOWING EXTREME SIGNS OF POSSIBLE IMPAIRMENT. THE DEFENDANT ALSO HAD A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH. THIS DEPUTY THEN ASKED THE DEFENDANT TO EXIT HER VEHICLE, TO WHICH SHE COMPLIED. 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 45 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 STARTED BEFORE THE INSTRUCTIONS WERE COMPLETE, AND LOST HER BALANCE ON STEPS THREE AND SIX, AND THEN ON STEP FIVE ON THE RETURN. SHE DID NOT TOUCH HEEL TO TOE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS, COULD NOT TOUCH THE TIP OF HER NOSE AND COULD NOT COMPLETE THE TASK. TASK FIVE: ROMBERG ALPHABET: THE DEFENDANT WAS ASKED IF SHE COULD READ AND WRITE AND UNDERSTOOD THE ENGLISH LANGUAGE PRIOR TO THIS TASK. THE DEFENDANT STATED THAT SHE COULD READ AND WRITE, UNDERSTOOD THE ENGLISH LANGUAGE, AND HAD COMPLETED A BACHELOR'S DEGREE IN EDUCATION. THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN TRYING TO RUSH THROUGH THE ALPHABET, MAKING NUMEROUS MISTAKES. I RE-EXPLAINED HOW TO PERFORM THIS TASK, AFTER WHICH THE DEFENDANT WAS ABLE TO PERFORM THE TASK OTHER THAN MISSING THE LETTER "N" IN THE ALPHABET. SHORTLY AFTER COMPLETING THE FINAL TASK, THE DEFENDANT WAS ARRESTED FOR DUI. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). 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. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM SCENE BY ED'S TOWING. 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 .183 AND .180. 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 3060-XDQ, WITH A MANDATORY COURT APPEARANCE ON 011410, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING CITATION, NUMBER 277351B, FOR FAILURE TO MAINTAIN A SINGLE LANE. *NOT-EXEMPT* |
