| Probable cause affidavit: |
SUBMITTED BY: VIGGIANO, PAUL 0682 (2012-1796AR) 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 070112 AT APPROXIMATELY 0103 HOURS WHILE ON PATROL IN THE AREA OF HIGHWAY 44 AND NORTH DUNKENFIELD AVENUE I WAS BEHIND A VEHICLE BEARING FLORIDA TAG NUMBER 8767HA TRAVELING SOUTHBOUND ON NORTH DUNKENFIELD AVENUE. I OBSERVED THE VEHICLE CROSS OVER THE DOUBLE YELLOW DIVIDING LINE AND ENTER THE OPPOSITE LANE OF TRAFFIC. THE VEHICLE THEN OVER CORRECTED AND EXITED THE RIGHT FOG LINE OF THE LANE ALMOST HITTING THE GRASS. WHILE FOLLOWING THE VEHICLE IT AGAIN CROSSED OVER THE DOUBLE YELLOW LINE GOING INTO THE OPPOSITE LANE OF TRAVEL. AT THAT TIME, I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE. THE VEHICLE CAME TO A STOP IN THE AREA OF NORTH DUNKENFIELD AVENUE AND WEST ARTER STREET IN CRYSTAL RIVER. I THEN MADE CONTACT WITH THE DRIVER LATER IDENTIFIED AS THE DEFENDANT MS DIANE KELLEY. I REQUESTED HER DRIVERâS LICENSE, REGISTRATION AND INSURANCE CARD. DEFENDANT KELLEY HAD A DIFFICULT TIME LOCATING THE DOCUMENTS THAT I HAD REQUESTED AND I HAD TO REPEAT APPROXIMATELY THREE TIMES THE DOCUMENTS THAT I NEEDED. WHILE SPEAKING WITH THE DRIVER, I COULD SMELL AN ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE COMING FROM HER PERSON. I ALSO OBSERVED THE DRIVER TO HAVE SLURRED SPEECH AND BLOOD-SHOT, WATERY EYES. I REQUESTED A BACKUP UNIT RESPOND TO MY LOCATION. WHEN DEPUTY HINDERHOFER ARRIVED ON SCENE I AGAIN MADE CONTACT WITH THE DRIVER AND REQUESTED SHE EXIT THE VEHICLE. I ASKED IF SHE HAD ANYTHING TO DRINK, TO WHICH SHE STATED SHE HAD THREE DRINKS AND THAT THEY WERE SEVEN AND SEVEN. SHE STATED SHE HAD NOT HAD ANY ALCOHOL IN EIGHT MONTHS AND THIS WAS THE FIRST TIME. WHEN THE DRIVER/DEFENDANT EXITED THE VEHICLE SHE HAD A DIFFICULT TIME MAINTAINING HER BALANCE AND ALMOST FELL. 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 WAS A PARANOID SCHIZOPHRENIC; HOWEVER, SHE DOES TAKE MEDICATION FOR CONTROL AND SHE WAS CURRENT ON ALL HER MEDICATIONS. PRIOR TO STARTING SOBRIETY TASKS, I MADE SURE MY IN-CAR CAMERA WAS ON. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, PUT HER FOOT DOWN THREE TIMES AND ADVISED THAT SHE COULD NOT COMPLETE THE TASK BECAUSE SHE WAS UNSTEADY ON HER FEET. AT THAT TIME, I ASKED THE DEFENDANT IF SHE AGREED THAT THE SURFACE ON THE GROUND WAS FLAT AND LEVEL, TO WHICH SHE SAID âYESâ. I NOTICED THAT THE DEFENDANT HAD A PAIR OF FLIP-FLOP SHOES ON AND ASKED IF SHE WANTED TO ATTEMPT THE TASK BAREFOOT. SHE STATED, âYESâ. SHE ALSO SWAYED WHILE BALANCING AND PUT HER FOOT DOWN MULTIPLE TIMES AND AGAIN STATED THAT SHE COULD NOT COMPLETE THE TASK BECAUSE SHE WAS UNSTEADY ON HER FEET. TASK THREE, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS NOT ABLE TO MAINTAIN HER BALANCE WHILE LISTENING TO THE INSTRUCTIONS. SHE DID NOT TOUCH HEEL-TO-TOE AT ALL. SHE LOST HER BALANCE WHILE WALKING, SHE STEPPED OFF THE LINE MULTIPLE TIMES AND ADVISED THAT SHE WAS NOT ABLE TO PERFORM THE TASK. TASK FOUR, ALPHABET: THE DEFENDANT SWAYED FORWARD AND BACKWARDS MORE THAN SIX INCHES AND HER EYES DID NOT REMAIN CLOSED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). 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 WITH THE RESULTS BEING .175 AND .170. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY HINDERHOFER IN THE REAR OF HIS VEHICLE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER (FUTC) NUMBER 9009-GQF1, FOR FAILURE TO MAINTAIN A SINGLE LANE. SHE WAS ISSUED THE FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 4605-XDX3, WITH A MANDATORY COURT DATE OF 072612 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. A COPY OF THE IN-CAR VIDEO WAS BURNED TO A DVD AND LATER TURNED IN TO EVIDENCE. |
