| Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR07004776) 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; DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 082807 AT APPROXIMATELY 2245 HOURS, I WAS DISPATCHED TO SOUTH RIDGE POINT IN REFERENCE TO AN UNRELATED INCIDENT. UPON ARRIVAL IN THAT AREA, I WAS TRAVELING NORTHBOUND ON SOUTH RIDGE POINT, WHEN I OBSERVED THE DEFENDANT'S VEHICLE TRAVELING SOUTHBOUND TOWARDS MY VEHICLE. I OBSERVED THE DEFENDANT'S VEHICLE TO SWERVE SEVERAL TIMES BACK AND FORTH. THE VEHICLE THEN APPROACHED MY VEHICLE CAUSING ME TO SWERVE OFF THE ROADWAY TO PREVENT FROM BEING STRUCK BY THE DEFENDANT'S VEHICLE. AS I TURNED MY PATROL VEHICLE AROUND, I OBSERVED THE DEFENDANT'S VEHICLE CONTINUE TO SWERVE FROM SHOULDER TO SHOULDER AT WHICH TIME I CONDUCTED A TRAFFIC STOP. UPON CONTACT with THE DRIVER/DEFENDANT, MS DIANA GRIFFITH, I OBSERVED THAT SHE WAS INTOXICATED DUE TO THE ODOR EMITTING FROM THE VEHICLE. THE DEFENDANT ALSO HAD BLOOD SHOT EYES AND SLURRED speech. I ADVISED THE DEFENDANT OF THE REASON FOR THE STOP, TO WHICH SHE STATED THAT SHE HAD BEEN DRINKING and THAT HER BOYFRIEND would NOT LET HER USE THE TELEPHONE THAT SHE HAD TO DRIVE DRUNK IN ORDER TO GO TO the STORE TO USE THE TELEPHONE. I WAS ADVISED BY DISPATCH THAT THE DEFENDANT'S DRIVER'S LICENSE WAS NOT VALID AND HAD SEVERAL PREVIOUS SUSPENSIONS. THE DEFENDANT HEARD MY RADIO AND ADVISED ME THAT SHE KNEW THAT HER LICENSE WAS SUSPENDED. I ADVISED THE DEFENDANT THAT I BELIEVED SHE WAS DRIVING UNDER THE INFLUENCE AND ASKED HER IF SHE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH SHE AGREED. 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 TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HER BALANCE AND STUMBLED SEVERAL TIMES DURING the TASK. THE DEFENDANT WAS ASKED TO TAKE SEVEN STEPS AND TURN, AND THEN TAKE SEVEN MORE STEPS BACK TO THE STARTING POINT. UPON DOING SO THE DEFENDANT TOOK EIGHT STEPS AND UPON TURNING back TO THE STARTING POINT SHE STOPPED IN THE MIDDLE AND STATED SHE COULD NOT PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNSTEADY ON HER FEET AND ATTEMPTED TO HOLD HER FOOT OFF THE GROUND SEVERAL TIMES. AFTER LOOSING BALANCE AND STUMBLING THE DEFENDANT ADVISED THAT SHE COULD NOT PERFORM THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA 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. PRIOR TO LEAVING THE SCENE, THE VEHICLE WAS TURNED OVER TO THE VEHICLE'S OWNER. 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 .100 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 7703-XAD, WITH A MANDATORY COURT APPEARANCE ON 091307 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5355-ETP, FOR CARELESS DRIVING WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE, AND 5356-ETP FOR DRIVING WHILE LICENSE SUSPENDED (DWLS) KNOWINGLY WITH A MANDATORY COURT DATE OF 091307 AT 1300 HOURS. *NOT-EXEMPT* |
