| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR14-9238) 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; THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061(1) ON 022514 AT APPROXIMATELY 2300 HOURS, I ARRIVED IN THE AREA OF SOUTH SUNCOAST BOULEVARD AND WEST YULEE DRIVE, IN REFERENCE TO A SINGLE VEHICLE CRASH. UPON ARRIVAL I MADE CONTACT WITH DEPUTY NOCELLA. DEPUTY NOCELLA ADVISED THAT HE HAD BEEN OUT ON AN ALARM CALL AT A LOCAL BANK IN THIS AREA, WHEN HE HEARD A LOUD CRASH. HE THEN WENT TO THE AREA OF SOUTH SUNCOAST BOULEVARD AND YULEE DRIVE, WHERE HE OBSERVED A YELLOW TRAFFIC SIGN LAYING ON THE GROUND, ALONG WITH THE FRONT BUMPER FROM AN UNKNOWN TYPE VEHICLE . DEPUTY NOCELLA OBSERVED A YELLOW IN COLOR VEHICLE TRAVELING WEST BOUND ON YULEE DRIVE. HE THEN ACTIVATED HIS OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP ON SAID VEHICLE. AT THAT TIME, DEPUTY NOCELLA CONTACTED THIS DEPUTY TO RESPOND TO THE SCENE. I THEN MADE CONTACT WITH THE DEFENDANT, IDENTIFIED AS MS DONNA KING DOW, AT HER VEHICLE. SHE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER PERSON, HER SPEECH WAS SLURRED, AND HER EYES WERE RED AND GLASSY. I ASKED THE DEFENDANT HOW MUCH SHE HAD DRANK TONIGHT, TO WHICH SHE REPLIED THAT SHE âKNEW SHE HAD SCREWED UP,â AND SAID THAT SHE HAD DRANK FOUR TO FIVE MIXED DRINKS TONIGHT WHILE SITTING AT THE COVE. I ASKED THE DEFENDANT ABOUT THE TRAFFIC CRASH. SHE ADVISED THAT SHE HAD MADE A RIGHT HAND TURN ON TO WEST YULEE DRIVE, AND HAD RUN OFF OF THE SIDE OF THE ROAD, STRIKING THE SIGN. I ASKED THE DEFENDANT WHY SHE HAD LEFT THE SCENE OF THE CRASH, AND SHE STATED THAT SHE HAD BEEN GOING TO HER BOYFRIENDâS RESIDENCE, AND THOUGHT THAT WHEN SHE WOULD GET THERE THAT SHE WOULD NOT BE IN TROUBLE. I THEN ADVISED THE DEFENDANT THAT I WAS NOW COMPLETING MY TRAFFIC CRASH INVESTIGATION, AND BEGINNING TO CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. I ASKED THE DEFENDANT TO EXIT HER VEHICLE, AND SHE DID SO. I OBSERVED THAT SHE WAS VERY UNSTEADY ON HER FEET. I ASKED THE DEFENDANT TO WALK TO THE REAR OF HER VEHICLE. 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. DURING THIS TASK, THE DEFENDANT MOVED HER HEAD APPROXIMATELY FOUR TIMES, DESPITE BEING TOLD NOT TO DO SO. THE DEFENDANT SWAYED SIDE TO SIDE DURING THIS TASK, AND CONTINUALLY STATED OVER AND OVER THAT SHE KNEW THAT SHE HAD âSCREWED UPâ TONIGHT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT THREE TIMES TOTAL. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO PERFORM THE TASK PRIOR TO BEING TOLD TO. THE DEFENDANT DID NOT TOUCH HEEL TO TOE AS INSTRUCTED, AND DID NOT COUNT OUT LOUD. SHE STEPPED OFF OF THE LINE APPROXIMATELY SIX TIMES, TOOK 15 STEPS IN ONE DIRECTION ON THE RETURN, AND SHE NEARLY LOST HER BALANCE. THE DEFENDANT THEN STILL CONTINUED TO STEP OFF OF THE LINE, AND DID SO APPROXIMATELY FIVE ADDITIONAL TIMES. THE DEFENDANT USED HER ARMS TO KEEP HER BALANCE, AND STILL DID NOT COUNT OUT LOUD AS INSTRUCTED. SHE ALSO TOOK 12 STEPS INSTEAD OF THE 9 INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HELD HER FOOT UP FOR THE COUNT OF THREE, PUTTING IT DOWN AUTOMATICALLY. SHE ATTEMPTED TO PERFORM THIS TASK WITH HER RIGHT FOOT, HOLDING IT UP FOR THE COUNT OF ONE, BUT THEN LOSING HER BALANCE AND PUT HER FOOT DOWN. THE DEFENDANT THEN SAID THAT SHE COULD NOT EVEN PERFORM THIS TASK SOBER, AND DID NOT CONTINUE THIS 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 HIS/HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO ADAMâS 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 0.197 AND 0.214. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, AND ONE COUNT OF LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE GREATER THAN $50.00; WITH A TOTAL BOND SET AT $750.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 0053XEJ7, FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT APPEARANCE ON 032014 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A FLORIDA CRIMINAL TRAFFIC CITATION, CITATION NUMBER 5754GZP3, FOR LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE GREATER THAN $50.00, WITH A MANDATORY COURT APPEARANCE OF 032014 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 5753GJP2, FOR CARELESS DRIVING, WITH A MANDATORY FINE OF $166.50 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
