| Probable cause affidavit: |
SUBMITTED BY: LAKATIS, KENNETH 0585 (AR07005483) 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 100607 AT 0925 HOURS, I WAS DISPATCHED TO A VEHICLE CRASH IN THE PARKING LOT OF BOB'S FOOD MART LOCATED AT 3795 NORTH LECANTO HIGHWAY IN BEVERLY HILLS. UPON ARRIVAL, I MADE CONTACT WITH BOTH PARTIES INVOLVED. AFTER SPEAKING WITH BOTH PARTIES, IT WAS DETERMINED THAT THE DEFENDANT (MS DENISE HUNTER) HAD BACKED INTO ANOTHER VEHICLE IN THE PARKING LOT. WHILE SPEAKING WITH MS HUNTER, I NOTICED THAT SHE SPOKE WITH A THICK TONGUE, SHE APPEARED UNSTEADY ON HER FEET AND HAD TO USE HER VEHICLE FOR BALANCE. I ALSO DETECTED A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. WHILE STILL INVESTIGATING THE TRAFFIC CRASH, I ASKED THE DEFENDANT WHY SHE HAD COME TO THE FOOD MART, TO WHICH SHE STATED SHE HAD COME THERE TO PURCHASE BEER. AFTER GATHERING BOTH PARTIES' INFORMATION FOR THE PURPOSE OF COMPLETING MY TRAFFIC CRASH REPORT, I AGAIN MADE CONTACT WITH THE DEFENDANT AND ADVISED HER I WAS GOING TO ASK HER TO PERFORM FIELD SOBRIETY TASKS, BECAUSE I BELIEVED SHE WAS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, WHICH WOULD CAUSE HER TO BE IMPAIRED. 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 HAVE SOME MENTAL DISABILITIES. I ASKED IF SHE WAS TAKING ANY PRESCRIPTION DRUGS FOR HER DISABILITY, TO WHICH SHE STATED SHE HAD TAKEN LITHIUM THIS MORNING. I THEN ASKED IF SHE HAD ANYTHING TO DRINK, TO WHICH SHE STATED SHE HAD TWO DRINKS CONSISTING OF VODKA AND CRANBERRY AND ONE-HALF OF A BEER. I ALSO ASKED IF SHE FELT TOO IMPAIRED TO DRIVE, TO WHICH SHE STATED YES. 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 COULD NOT KEEP HER BALANCE DURING THE INSTRUCTIONAL PHASE. SHE THEN ATTEMPTED TO COMPLETE THE TASK, BUT STEPPED OFF THE LINE DURING STEPS 3, 4, 6, 8, AND 9. AFTER STEP 9, SHE CONTINUED TO WALK UNTIL I PLACED MY HAND OUT TO STOP HER. BELIEVING IT WAS NOT SAFE FOR HER TO CONTINUE WITH THIS TASK, I HAD HER GO BACK TO THE STARTING POINT WHERE I PROCEEDED TO THE NEXT TASK. TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT COUNTED TO 11 AND PLACED HER FOOT DOWN. SHE THEN COUNTED TO 14 AND AGAIN PUT HER FOOT DOWN. SHE USED HER ARMS FOR BALANCE AND STOPPED LOOKING AT HER FEET SEVERAL TIMES. AT THAT TIME, BELIEVING THE DEFENDANT WAS DRIVING UNDER INFLUENCE (DUI), SHE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. ONCE AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO THE CUSTODY OF OFFICER LAUER, WHO READ THE DEFENDANT IMPLIED CONSENT AND MIRANDA RIGHTS AND ASKED HER TO PROVIDE A SAMPLE OF HER BREATH TO DETERMINE THE ALCOHOL CONTENT OF HER BLOOD. THE RESULTS OF THE DEFENDANT'S TEST WAS .175 AND .175. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT SCENE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7092-XDO, WITH A MANDATORY COURT APPEARANCE OF 102507 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7129-FGW, FOR IMPROPER BACKING. *NOT-EXEMPT* |
