Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR08103786) 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(1). ON 061808, AT APPROXIMATELY 1150 HOURS, I WAS DISPATCHED TO THE AREA OF EAST GULF TO LAKE HIGHWAY IN REFERENCE TO A RECKLESS VEHICLE. WHILE EN ROUTE TO THIS AREA, DISPATCH ADVISED THEY RECEIVED SEVERAL COMPLAINANTS OF A GREEN HONDA ACCORD BEARING TAG NUMBER U01BGH TRAVELLING EAST BOUND ON GULF TO LAKE HIGHWAY WHICH WAS TRAVELLING AT A HIGH RATE OF SPEED AND RUNNING VEHICLES OFF OF THE ROADWAY. AS I APPROACHED EAST GULF TO LAKE HIGHWAY FROM CROFT, I OBSERVED THE SAID VEHICLE IN THE INSIDE LANE ON EAST GULF TO LAKE HIGHWAY IN THE INTERSECTION OF CROFT. IT SHOULD BE NOTED THAT MY LIGHT AT THAT INTERSECTION WAS RED HOWEVER, THE VEHICLE'S LIGHT WAS GREEN AND THE VEHICLE STAYED IN PLACE AT THE TRAFFIC LIGHT WHILE OTHER VEHICLES BEGAN TO PROCEED THROUGH THE INTERSECTION. AFTER A SHORT TIME, THE VEHICLE PROCEEDED EAST BOUND ON EAST GULF TO LAKE HIGHWAY AT WHICH TIME I OBSERVED THE VEHICLES FRONT TIRE TO BE COMPLETELY FLAT AND THE VEHICLE WAS TRAVELLING ON ITS RIM. AS THE VEHICLE PASSED MY LOCATION AT THE INTERSECTION, I PULLED IN BEHIND SAID VEHICLE BEARING FLORIDA TAG NUMBER U01BGH. AS I PULLED BEHIND THE VEHICLE I ACTIVATED MY OVERHEAD LIGHTS IN ORDER TO INITIATE A TRAFFIC STOP ON THE DEFENDANTS VEHICLE. THE VEHICLE CONTINUED EAST BOUND ON EAST GULF TO LAKE HIGHWAY WITH MY OVERHEAD LIGHTS ON, I ATTEMPTED SEVERAL TIMES TO USE MY AIR HORN AND SIRENS TO GET THE DRIVER'S ATTENTION. IT SHOULD BE NOTED, IT TOOK THE VEHICLE APPROXIMATELY ONE MILE TO PULL THE VEHICLE OVER. THE DEFENDANT STOPPED HER VEHICLE IN THE CENTER MEDIAN AT 3506 EAST GULF TO LAKE HIGHWAY. UPON MAKING CONTACT WITH THE DEFENDANT, I ASKED THE DEFENDANT FOR HER DRIVER'S LICENSE AND PROOF OF REGISTRATION TO WHICH SHE REPLIED WHAT'S GOING ON? I INFORMED HER THAT SHE WAS TRAVELLING WITH A FLAT TIRE TO WHICH SHE STATED SHE KNEW SHE HAD A FLAT TIRE AND SHE WAS TRYING TO MAKE IT TO HER DOCTORS APPOINTMENT FOR PAIN MANAGEMENT. WHILE SPEAKING WITH THE DEFENDANT, I WAS WAITING FOR HER TO RETRIEVE HER DRIVER'S LICENSE THE DEFENDANT WAS STARING DIRECTLY AT HER DRIVER'S LICENSE HOWEVER IT TOOK HER SEVERAL MINUTES TO LOCATE HER DRIVER'S LICENSE. IT APPEARED TO THIS DEPUTY THAT THE DEFENDANT'S HAND MOVEMENT WAS EXTREMELY LETHARGIC AND SHE HAD DIFFICULTY WITH HER MOTOR SKILLS IN RETRIEVING THE LICENSE FROM HER WALLET. I THEN INSTRUCTED THE DRIVER TO EXIT THE VEHICLE AND I WALKED HER ACROSS THE STREET TO 3506 EAST GULF TO LAKE HIGHWAY SO THAT I COULD CONDUCT FIELD SOBRIETY TASK ON THE DEFENDANT. I WAS SPEAKING WITH THE DEFENDANT WHILE WAITING FOR DEPUTY HILLBERER TO POSITION HIS VEHICLE CAMERA IN ORDER TO VIDEO THE FIELD SOBRIETY TASK. WHILE SPEAKING WITH THE DEFENDANT, SHE SWAYED FROM SIDE TO SIDE AT WHICH TIME I ASKED HER IF SHE WAS TAKING ANY TYPE OF MEDICATION TO WHICH SHE REPLIED SHE TAKES SEVERAL DIFFERENT MEDICATIONS FOR VARIOUS ILLNESSES. I ASKED THE DEFENDANT WHEN WAS THE LAST TIME SHE HAD TAKEN HER MEDICATION TO WHICH SHE STATED THAT SHE HAD LAST TOOK XANAX, EFFEXOR, AND SEROQUEL AT APPROXIMATELY 2400 HOURS LAST NIGHT AND HAD ONLY HAD A BOWL OF CEREAL TO EAT. 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 HAD SEVERAL ILLNESS INCLUDING LUPUS. I THEN ASKED IF SHE KNEW THE ENGLISH LANGUAGE AND COULD DISTINGUISH BETWEEN HER LEFT AND RIGHT TO WHICH SHE ADVISED 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 THE DEFENDANT'S PUPILS WERE ALSO EXTREMELY DILATED. TASK TWO, FINGER TO NOSE. THIS TAKE WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT IN THE FIRST ATTEMPT SHE FAILED TO TOUCH THE TIP OF HER NOSE INSTEAD, SHE MISSED THE TIP AND TOUCHED THE BRIDGE OF HER NOSE. WITH HER LEFT HAND SHE FAILED TO TOUCH HER NOSE AND HELD IT APPROXIMATELY TWO INCHES FROM HER NOSE BEFORE RETURNING IT TO HER SIDE. ON THE OTHER TWO ATTEMPTS SHE FAILED TO TOUCH THE TIP OF HER NOSE TOUCHING APPROXIMATELY TWO INCHES ABOVE THE TIP OF HER NOSE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO DO THE EXERCISE HOWEVER, SHE DID NOT LOOK AT HER FOOT WHILE COUNTING AND WHEN SHE GOT TO THREE ONE THOUSAND SHE PLACED HER FOOT DOWN AND STATED SHE COULD NOT DO IT. TASK FOUR WALK AND TURN, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF THE STEPS AND DID NOT COUNT OUT LOUD. ON THE WAY BACK SHE STEPPED OFF THE LINE SEVERAL TIMES AND DID NOT TOUCH HEEL TO TOE NEITHER OF THOSE TIMES. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA PRE-PRINTED CARD. THE DEFENDANT'S VEHICLE REMAINED ON SCENE PER THE DEFENDANT'S REQUEST. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER THE DEFENDANT'S REQUEST. 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 .000 IT SHOULD BE NOTED, DURING THE SEARCH INCIDENT TO ARREST THERE WAS HALF A PERCOCET FOUND UNDER THE DRIVER'S SEAT AND ALSO WHILE GOING THROUGH THE DEFENDANT'S PURSE, THERE WAS A NEW PRESCRIPTION FOR 2 MILLIGRAMS OF XANAX WITH A QUANTITY OF 90 WHICH THE DEFENDANT ACKNOWLEDGES PICKING UP ON 061808, AT 1000 HOURS, AT THE K-MART PHARMACY AT 3874 IN CRYSTAL RIVER, FLORIDA. IT SHOULD ALSO BE NOTED, THAT WHEN THIS DEPUTY COUNTED THE PRESCRIPTION THERE WAS ONLY EIGHTY TWO PILLS IN THE PRESCRIPTION BOTTLE. 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 NUMBER 7183-XDO WITH A MANDATORY COURT APPEARANCE ON 060308, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. 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 WITH BREATH TEST RESULTS OF .000. THE DEFENDANT WAS THEN ASKED TO SUBMIT TO A URINALYSIS TO WHICH SHE AGREED AND THIS SAMPLE WILL BE SENT OFF FOR FURTHER ANALYSIS. *NOT-EXEMPT* |