| Probable cause affidavit: |
SUBMITTED BY: ENTREKIN, LEE 0098 (AR08101387) 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 012308 AT APPROXIMATELY 2155 HOURS, I RESPONDED TO THE AREA OF STATE ROAD 45 AND 5210 NORTH FLORIDA AVENUE, IN REFERENCE TO A VEHICLE CRASH. UPON ARRIVAL, I OBSERVED THE DEFENDANT'S VEHICLE A BLACK IN COLOR CHEVY CAVALIER BEARING FLORIDA TAG NUMBER C884WU, FACING IN A NORTH DIRECTION ON the WEST SIDE OF STATE ROAD 45 IN THE ENTRANCE OF 5210 NORTH FLORIDA AVENUE WHICH IS THE THUNDER INN. THE VICTIM'S VEHICLE, VEHICLE TWO WAS LOCATED ON the WEST SIDE OF STATE ROAD 45 IN A SOUTHBOUND DIRECTION. UPON COMPLETION OF MY CRASH INVESTIGATION I ENTERED INTO A CRIMINAL DRIVING INVESTIGATION FOR DRIVING UNDER THE INFLUENCE WITH DRIVER ONE THE DEFENDANT. UPON MAKING CONTACT WITH THE DEFENDANT, MS DENISE BORRE, I DISTINCTLY DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I THEN ASKED THE DEFENDANT TO SUBMIT TO A ROADSIDE SOBRIETY TEST, TO WHICH SHE AGREED. I THEN ASKED THE DEFENDANT TO STEP OVER TO A SAFE LOCATION WHERE I INITIATED AND DEMONSTRATED EACH TASK TO BE PERFORMED. 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. DURING THE TASK THE DEFENDANT FAILED TO PUT HEEL TO TOE THREE TIMES AND THEN STEPPED OFF THE LINE FOUR TIMES. THE DEFENDANT FAILED TO COUNT ALOUD her STEPS AND WAS REMINDED TWICE. the DEFENDANT STILL FAILED IN THE LATER PART OF THE TEST TO COUNT ALOUD. the DEFENDANT FAILED TO MAKE A SMOOTH 180 DEGREE TURN ON HER LEFT FOOT AFTER THE FIRST NINE STEPS. THE DEFENDANT USED HANDS AND ARMS TO BALANCE HERSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED. DURING THE TASK THE DEFENDANT WAS UNABLE TO DETERMINE WHICH LEG SHE WANTED TO USE. THE DEFENDANT ADVISED THAT SHE DID NOT HAVE ANY PROBLEMS WITH EITHER LEG. THE DEFENDANT FAILED TO MAINTAIN her FOOT APPROXIMATELY SIX INCHES OFF THE GROUND AND FAILED TO COUNT ALOUD. THE DEFENDANT ALSO USED HER HANDS AND ARMS TO KEEP HER BALANCE. THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS ABLE TO TOUCH FINGER TO NOSE. THE DEFENDANT ONLY FAILED TO KEEP HER HEAD TILTED BACK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA PRE-PRINTED 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. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'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 .105 AND .103. 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 8221-EBD, WITH A MANDATORY COURT APPEARANCE ON 021108 AT 0830 HOURS IN CUSTODY. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7331-RHU, FOR FAILURE TO YIELD IN VIOLATION OF FLORIDA STATE STATUTE 316.122, WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
