| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFREY 0441 (AR16-18713) 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; ON 031916 AT APPROXIMATELY 0200 HOURS, I WAS DISPATCHED AS BACK UP FOR DEPUTY VIGGIANO (0682) ON A TRAFFIC STOP AT THE INTERSECTION OF SOUTH SKYLARK TERRACE AND WEST GROVER CLEVELAND BOULEVARD. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY VIGGIANO, WHO ADVISED THAT HE OBSERVED A WHITE PICKUP DRIVEN BY MS MCELMERRAY COMING AT HIM IN THE WRONG LANE OF TRAFFIC WITH NO HEADLIGHTS ON, RUNNING HIM OFF THE ROAD. DEPUTY VIGGIANO STATED THAT HE OBSERVED OTHER VEHICLES HAVING TO MAKE EVASIVE ACTIONS TO AVOID THE WHITE PICKUP AS HE WAS ATTEMPTING TO PERFORM THE TRAFFIC STOP. DEPUTY VIGGIANO STATED THAT HE BELIEVED THAT THE DRIVER WAS INTOXICATED. I MADE CONTACT WITH THE DRIVER, MS DELPHIA MCELMERRAY, WHO WAS SEATED BEHIND THE WHEEL OF THE VEHICLE WITH THE KEYS ON THE FLOORBOARD. I NOTICED THAT SHE HAD GLASSY, BLOOD SHOT EYES AND DURING MY INTERVIEW WITH HER, I NOTICED THAT A STRONG SMELL OF AN ALCOHOLIC BEVERAGE WAS EMANATING FROM HER PERSON. I ASKED MS MCELMERRAY WHERE SHE WAS COMING FROM AND SHE STATED, THE BAR. I ASKED IF SHE HAD BEEN DRINKING AND MS MCELMERRAY STATED SHE HAD BEEN AND ADDITIONALLY STATED THAT SHE WAS TAKING NUMEROUS MEDICATIONS AND IT WAS MESSING HER UP. I ASKED IF SHE SHOULD BE DRINKING ALCOHOL WHILE TAKING HER MEDICATIONS AND SHE STATED NO SHE SHOULD NOT. I ASKED MS MCELMERRAY IF SHE BELIEVED THAT SHE WAS IMPAIRED AND SHE STATED YES, I AM. I AM TAKING A LOT OF MEDICATIONS. MS MCELMERRAY STATED SEVERAL TIMES IF WE WOULD FOLLOW HER TO HER RESIDENCE SHE WOULD SHOW US ALL OF THE MEDICATIONS THAT SHE WAS TAKING. I ASKED MS MCELMERRAY IF SHE WAS WILLING TO PERFORM SOME BASIC FIELD SOBRIETY TASKS TO DETERMINE IF SHE WAS SAFE TO OPERATE A MOTOR VEHICLE AND SHE STATED THAT SHE DID NOT THINK SHE COULD DO THEM. MS MCELMERRAY ADVISED THAT SHE WAS WILLING TO TRY THE FIRST EXERCISE AFTER I TOLD HER SHE ONLY HAD TO STAND THERE AND WATCH MY FINGER MOVE WITH HER EYES. AT THAT TIME, MS MCELMERRAY EXITED THE VEHICLE AND I OBSERVED SHE HAD DIFFICULTY MAINTAINING HER BALANCE. I ASKED MS MCELMERRAY TO GET INTO THE START POSITION FOR THE EXERCISE WITH HER FEET TOGETHER AND HER ARMS DOWN AT HER SIDE. SHE WAS UNABLE TO MAINTAIN THIS POSITION DESPITE SEVERAL ATTEMPTS AND SHE LEANED AGAINST HER VEHICLE TO MAINTAIN HER BALANCE. MS MCELMERRAY WAS UNABLE TO FOLLOW THE DIRECTIONS IN REFERENCE TO TASK ONE, HORIZONTAL GAZE NYSTAGMUS AND WOULD CONSISTENTLY MOVE HER HEAD DESPITE ME REPETITIVELY STATING ''DONâT MOVE HEAD'' ALL THE WAY THROUGH THE EXERCISE. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. MS MCELMERRAY REFUSED TO PERFORM ANY OTHER FIELD SOBRIETY TASK AT THAT TIME, MS MCELMERRAY WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, PER THE DEFENDANT'S REQUEST HER VEHICLE WAS TURNED OVER TO HER DAUGHTER. MS MCELMERRAY WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. MS MCELMERRAY AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .171 AND .173. MS MCELMERRAY WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A $1,000.00 BOND PER THE BOND SCHEDULE. MS MCELMERRAY WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER A44KRLE, WITH A MANDATORY COURT APPEARANCE ON 041716 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. MS MCELMERRAY WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A21D7GP, FOR FAILURE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
