| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR11119945) 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 032411 AT APPROXIMATELY 2145 HOURS, I WAS CONTACTED BY DEPUTY TABB IN REFERENCE TO A POSSIBLE DRUNK DRIVER WHO HE HAD STOPPED. JUST PRIOR TO THIS, I DID HEAR A DISPATCHED CALL THAT THERE WAS A PICKUP TRUCK TRAVELING NORTH BOUND IN THE SOUTH BOUND LANE. UPON MY ARRIVAL AT US HIGHWAY 19 AND NORTHEAST 1ST TERRACE, DEPUTY TABB HAD A BLUE CHEVROLET PICKUP TRUCK STOPPED IN THE OUTSIDE TRAVEL LANE. AS I PULLED ONTO THE SCENE, I PARKED MY MARKED PATROL VEHICLE IN THE PARKING LOT OF THE CAPITAL CITY BANK. I WAS THEN MET BY DEPUTY DERA, WHO WAS STANDING WITH THE DRIVER OF THE CHEVROLET TRUCK. AT THIS TIME, I MADE CONTACT WITH DEPUTY TABB AND ASKED HIM WHAT HAD HAPPENED. HE STATED THAT HE RECEIVED A CALL IN REFERENCE TO THIS TRUCK AND AS HE GOT BEHIND THE TRUCK TO OBSERVE THE TRUCK, IT HAD ALMOST CAUSED A TRAFFIC CRASH. HE STATED TO ME THAT AT THIS TIME HE CONDUCTED A TRAFFIC STOP ON THE TRUCK AND BELIEVED THE DRIVER TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. HE STATED THAT HE HAD THE DRIVER EXIT THE VEHICLE SO SHE WOULD NOT PULL OFF. I THEN MADE CONTACT WITH THE DEFENDANT, MS DONNA MARIE HAVANSEK. AS I WAS INFORMING HER WHO I WAS AND WHY I WAS THERE, I COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. SHE ALSO HAD SLURRED SPEECH AND HER EYES WERE SOMEWHAT BLOODSHOT. I ASKED HER IF SHE HAD ANY MEDICAL CONDITIONS TO WHICH SHE STATED NO. THEN THE DEFENDANT ALSO STATED THAT THEY WERE ON THE WAY HOME AND WERE AT THE BAR DOWN THE ROAD. SHE FURTHER SAID THAT "SHE KNEW I WAS DRUNK" AND "I KNOW I'M DRUNK". I THEN ASKED HER IF SHE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS, TO WHICH SHE STATED SHE WOULD. AT THIS TIME, I HAD HER STEP BACK TOWARDS A PARKING SPACE. THE TASKS WERE CONDUCTED IN THE PARKING LOT OF THE CAPITAL CITY BANK IN CRYSTAL RIVER, FLORIDA. THIS WAS A PAVED ASPHALT SURFACE WHICH WAS DRY AND LEVEL. THE PARKING STALLS ALSO HAD A WHITE PAINTED LINE ON THE GROUND WHICH DIVIDED THE SPACES. I AGAIN ASKED THE DEFENDANT, MS DONNA HAVANSEK, IF SHE HAD ANY MEDICAL CONDITIONS THAT WOULD PREVENT HER FROM COMPLETING THE EVALUATIONS TO WHICH SHE STATED NO. AS I WAS SPEAKING TO HER, SHE HAD A VISIBLE SWAY AND WAS VERY UPSET THAT HER BOYFRIEND HAD TALKED HER INTO DRIVING. TASK ONE: HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT, MS DONNA HAVANSEK, HAD NO PROBLEMS WITH HER EYES AND THAT SHE DID NOT WEAR CORRECTIVE LENSES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT DURING THIS TASK ALSO COULD NOT FOLLOW DIRECTIONS DUE TO THE FACT SHE WOULD MOVE HER HEAD TO FOLLOW THE STIMULUS PEN. TASK TWO: WALK AND TURN. PRIOR TO PERFORMING THE TASK, THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT SHE UNDERSTAND THEM. THE DEFENDANT COULD NOT KEEP HER BALANCE DURING THE INSTRUCTIONS. SHE WAS ASKED TO PLACE HER LEFT FOOT ON THE LINE AND HER RIGHT FOOT IN FRONT OF IT. WHILE WALKING THE FIRST NINE STEPS, THE DEFENDANT DID NOT TOUCH HER HEEL TO TOE AS WAS INSTRUCTED. ON THE SECOND STEP, SHE STEPPED BESIDE HER FOOT. ON THE THIRD STEP SHE STEPPED OFF OF THE LINE. ON THE FOURTH STEP, SHE AGAIN STEPPED OFF OF THE LINE. THE SEVENTH AND EIGHTH STEPS, SHE ALSO STEPPED OFF OF THE LINE. STEP NINE, SHE COMPLETED CORRECTLY BUT INSTEAD OF PIVOTING AFTER IT SHE CONTINUED TO GO ON. STEPS TEN AND ELEVEN, SHE DID FINE AND STEP TWELVE, SHE STEPPED OFF OF THE LINE. STEP THIRTEEN WAS ALSO FINE AND STEP FOURTEEN WAS IMPROPER. DURING THE TASK, SHE DID NOT COUNT OUT LOUD AS INSTRUCTED TO DO SO AND KEPT STATING "I'M GONNA FAIL". AT THIS TIME, SHE STOPPED AND STOOD THERE. I ASKED HER IF SHE UNDERSTOOD THE INSTRUCTIONS AND SHE STATED YES. I THEN ASKED HER IF SHE WOULD LIKE TO CONTINUE WITH THE TASK AND SHE STATED YES. SHE THEN WENT BACK TO THE BEGINNING AND STARTED OVER. AS SHE WAS STANDING THERE, SHE KEPT SWAYING BACK AND FOURTH. TASK THREE: ONE LEG STAND. THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT SHE UNDERSTOOD THEM. THE DEFENDANT, MS DONNA HAVANSEK, THEN STATED "I CAN'T DO IT". TASK FOUR: FINGER TO NOSE. PRIOR TO PERFORMING THE TASK, THE DEFENDANT WAS EXPLAINED THE INSTRUCTIONS AND STATED THAT SHE UNDERSTOOD THEM. THE DEFENDANT WAS UNABLE TO FOLLOW THE INSTRUCTIONS AS EXPLAINED. SHE WAS VISIBLY SWAYING WHILE PERFORMING THE TASK AND DID NOT POINT STRAIGHT OUT IN FRONT OF HER PRIOR TO TOUCHING HER NOSE OR AFTER TOUCHING HER NOSE BEFORE POINTING HER HAND BACK OUT TO THE SIDE. THE DEFENDANT ALSO DID NOT SLIGHTLY TILT HER HEAD BACK NOR DID SHE CLOSE HER EYES AS INSTRUCTED TO DO SO. SHE WAS ASKED TO START WITH HER LEFT FINGER AND AS SHE BROUGHT IT TO HER NOSE, SHE HELD IT THERE TOUCHING NOT WITH THE TIP OF HER FINGER BUT THE MIDDLE OF IT. I THEN ASKED HER TO DO HER RIGHT FINGER. SHE AGAIN MISSED HER FINGER TOUCHING THE TIP OF HER NOSE BY TOUCHING JUST UNDER IT. THEN I ASKED HER TO DO THE LEFT FINGER, AGAIN SHE MISSED HER NOSE WITH THE TIP OF HER FINGER. THEN I ASKED HER TO DO HER RIGHT FINGER, THIS TIME SHE TOUCHED THE TIP OF HER NOSE WITH THE MIDDLE OF HER FINGER. I THEN ASKED HER TO DO HER RIGHT FINGER. SHE STARTED TO DO HER LEFT THEN SWITCHED TO HER RIGHT. THIS TIME SHE TOUCHED THE TIP OF HER NOSE BUT NOT WITH THE TIP OF HER FINGER SHE INSTEAD TOUCHED THE MIDDLE OF HER FINGER. I THEN ASKED HER TO DO HER LEFT AND THIS TIME SHE WAS ABLE TO DO IT CORRECTLY. TASK FIVE: RHOMBERG RECITATION. PRIOR TO PERFORMING THE TASK, I ASKED MS DONNA HAVANSEK WHAT HER HIGHEST LEVEL OF EDUCATION WAS AND SHE STATED SOME HIGH SCHOOL. I ASKED HER IF SHE KNEW HER ABC'S TO WHICH SHE ANSWERED YES. I EXPLAINED THE INSTRUCTIONS TO HER AND ASKED HER TO RECITE THE ALPHABET FROM BEGINNING TO END IN A NON- RHYTHMANTIC MANNER, WHICH MEANT DO NOT RHYTHM IT OR SIGN IT, TO JUST SIMPLY SAY IT. SHE STATED THAT SHE UNDERSTOOD. WHILE PERFORMING THE TASK, SHE WAS SWAYING. THE DEFENDANT PERFORMED THE EVALUATION CORRECTLY. AT THIS TIME, I HAD THE DEFENDANT STEP IN FRONT OF MY PATROL VEHICLE. I THEN INFORMED HER THAT I WAS PLACING HER UNDER ARREST AND HANDCUFFED HER BEHIND HER BACK AND DOUBLE LOCKED THE HANDCUFFS. SHE WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT, MS DONNA MARIE HAVANSEK, WAS THEN READ HER IMPLIED CONSENT WARNINGS FROM A PREPRINTED TEXT. SHE ASKED ME TO READ IT AGAIN BECAUSE SHE COULD NOT UNDERSTAND WHAT I READ. I THEN RE-READ HER THE IMPLIED CONSENT WARNING AND AFTER READING IT, I ASKED HER IF SHE UNDERSTOOD IT AND IF SHE WOULD SUBMIT TO A BREATH TEST. THE DEFENDANT STATED THAT SHE WOULD TAKE A BREATHALYZER TEST. AT THIS TIME, THE DEFENDANT, MS DONNA HAVANSEK, WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS BOOKED AND PROCESSED. WHILE AT THE DETENTION FACILITY, THE DEFENDANT WAS ADMINISTERED A BREATHALYZER TEST BY THE DETENTION FACILITY PERSONNEL AND THE RESULTS WERE A .185 AND .187. THE DEFENDANT'S BOND PER THE BOND SCHEDULE WAS AS FOLLOWS: DRIVING UNDER THE INFLUENCE (DUI), FIRST OFFENSE- $500.00. THE DEFENDANT, MR DONNA MARIE HAVANSEK, WAS ALSO ISSUED THE FOLLOWING FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 8712-XBG5 FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT DATE OF 041411 AT THE CITRUS COUNTY COURTHOUSE AT 1300 HOURS. SHE WAS ALSO ISSUED A FLORIDA UNIFORM TRAFFIC CITATION NUMBER 8093-ROZ7 FOR AN EXPIRED TAG UNDER SIX MONTHS WITH A CIVIL FINE OF $113.00 PAYABLE WITHIN 30 DAYS. THE DEFENDANT WAS ALSO ISSUED BY DEPUTY TABB A FLORIDA UNIFORM CITATION NUMBER 7640-GJX2 FOR OBSTRUCTING TRAFFIC AND A WRITTEN WARNING NUMBER 237825B FOR FAILURE TO MAINTAIN A SINGLE LANE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
