| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-7303) 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; ON 091513, AT APPROXIMATELY 2240 HOURS, I RESPONDED TO NE 5TH STREET AND NE 7TH AVENUE IN CRYSTAL RIVER, TO BACK UP DEPUTY AGUILERA, WHO WAS ON A TRAFFIC STOP. HE ADVISED THAT HE OBSERVED THE DEFENDANTâS VEHICLE TRAVELING WESTBOUND ON NE 5TH STREET WITHOUT ANY HEADLIGHTS ON, WHERE HE THEN CONDUCTED A TRAFFIC STOP ON THE VEHICLE. DEPUTY AGUILERA ADVISED THAT HE COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH WHILE SPEAKING WITH HER. THE DEFENDANT ALSO TOLD HIM THAT SHE HAD BEEN WATCHING FOOTBALL AND DRINKING BEERS I THEN MADE CONTACT WITH THE DEFENDANT, MS DELIE TRENARY, WHO WAS STILL SITTING IN THE DRIVERâS SEAT OF THE VEHICLE. HER CLOTHES WERE DISHEVELED AND HER MAKEUP WAS SMEARED. I ASKED HER WHY SHE WAS STOPPED AND SHE STATED THAT THEY DID NOT GIVE HER ENOUGH TIME TO TURN HER HEADLIGHTS. WHILE I WAS SPEAKING WITH HER I COULD DETECT THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH. HER EYES WERE ALSO VERY BLOODSHOT AND GLOSSY AND SHE SLURRED HER SPEECH. I THEN ASKED IF SHE HAD ANYTHING TO DRINK TONIGHT, TO WHICH SHE STATED THAT SHE HAD A LONG WEEKEND. SHE FURTHER EXPLAINED THAT HER MOTHER WAS IN THE HOSPITAL ON SATURDAY AND TODAY SHE HAD BEEN DRINKING BEER AND WATCHING FOOTBALL. AT THAT TIME, I ASKED THE DEFENDANT IF SHE WOULD PERFORM A SERIES OF SOBRIETY TASKS, WHERE SHE SIGHED AND SAID REALLY, THIS IS RIDICULOUS, I JUST WANT TO GO HOME. THE DEFENDANT THEN STATED THAT SHE WOULD PERFORM THE TASKS. I ASKED HER IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, AND SHE STATED NO, BUT SHE TAKES MECLIZINE AND IT SOMETIMES MAKES HER DIZZY. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO LIFT HER FOOT IN THE AIR AND COUNTED FROM ONE TO TEN. SHE THEN PUT HER FOOT DOWN AND STATED THIS RIDICULOUS; I JUST WANT TO GO HOME. THE DEFENDANT LOOKED AT ME AGAIN, PICKED HER FOOT UP AND COUNTED TO 17 AND PUT HER FOOT DOWN. SHE AGAIN STATED SHE JUST WANTED TO GO HOME, PICKED HER FOOT UP AND ATTEMPTED TO COUNT TO 30. SHE LOOKED STRAIGHT AHEAD WHILE ATTEMPTING THE TASK AND DID NOT LOOKING AT HER FOOT. SHE ALSO USED HER ARMS FOR BALANCE WHILE PUTTING THEM OUT TO HER SIDES AND WAS UNSTEADY WHILE COMPLETING THIS TASK TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK EIGHT STEPS DOWN, NOT TOUCHING HEEL TO TOE. WHEN SHE GOT TO HER EIGHTH STEP, SHE SHUFFLED HER FEET, TURNED AND LOOKED AT ME. SHE STATED, I KNOW I DID NOT TOUCH MY HEEL TO TOE, THIS RIDICULOUS, REALLY. SHE THEN ATTEMPTED TO TAKE NINE STEPS BACK, NOT TOUCHING HEEL TO TOE, USING HER ARMS FOR BALANCE AND DID NOT COMPLETE THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK. THE DEFENDANT WAS THEN ADVISED OF HER MIRANDA RIGHTS. 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 âI DONâT REFUSE TO DO ANYTHINGâ. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH DEPUTY AGUILERA, WHO WAITED FOR ADAMâS TOWING TO ARRIVE AND TOW THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 7293XGAX, WITH A MANDATORY COURT APPEARANCE ON 101013 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
