| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR13-4194) 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; ON 01213 AT APPROXIMATELY 0113 HOURS, WHILE ON ROUTINE PATROL I WAS TRAVELLING NORTHBOUND ON HIGHWAY 41 IN AREA OF MIDDLE SCHOOL DRIVE, I OBSERVED THE DEFENDANTâS VEHICLE TRAVELING NORTHBOUND IN AN ERRATIC MANNER. THE VEHICLE DROVE IN TO THE NORTH EAST SHOULDER AND THEN CONTINUED NORTHBOUND AND ENTERED THE NORTHBOUND LANE. IT THEN WENT BACK IN TO THE NORTHEAST SHOULDER NEARLY STRIKING THE GUARD RAILS ON THE OVERPASS. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIRENS TO STOP THE DEFENDANT BEFORE SHE CAUSED A CRASH. THE DEFENDANTâS VEHICLE CONTINUED NORTHBOUND, DRIVING THROUGH THE CENTER SAFETY ZONE AND THEN BACK IN TO THE NORTHBOUND LANE AND IN TO THE NORTHBOUND SHOULDER. THEN THE VEHICLE ENTERED THE DRIVEWAY OF WILKINS AUTOMOTIVE, AND THEN ENTERED BACK IN TO THE ROADWAY AND CAME TO A STOP IN THE PARKING LOT OF DANâS GUN ROOM. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT/DRIVER, MS DONNA LAFLAMME, AT HER VEHICLE. HER EYES WERE BLOODSHOT AND HER SPEECH WAS SLURRED. I ALSO DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I THEN ASKED HER FOR HER DRIVER'S LICENSE, PROOF OF INSURANCE AND REGISTRATION. THE DEFENDANT HAD THESE DOCUMENTS IN AN ENVELOPE, BUT COULD NOT FIGURE OUT HOW TO GET THE ENVELOPE OPEN. AT THAT TIME, I ASKED HER HOW MUCH SHE HAD TO DRINK TONIGHT AND SHE ADVISED THAT SHE HAD THREE TO FOUR MIXED DRINKS. I THEN HAD THE DEFENDANT EXIT HER VEHICLE AND UPON EXITING THE VEHICLE, THE DEFENDANT LOST HER BALANCE AND HAD TO USE HER VEHICLE TO CATCH HERSELF BEFORE SHE FELL TO THE GROUND. WHILE AT THE REAR OF THE VEHICLE, 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 WAS TOLD APPROXIMATELY THREE TIMES NOT TO MOVE HER HEAD AND DURING THIS TASK SHE WOULD SWAY BACK AND FORTH NEARLY FALLING OVER TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE AS INSTRUCTED. SHE STEPPED OFF THE LINE APPROXIMATELY THREE TIMES TOTALLY LOSING HER BALANCE AND I HAD TO KEEP HER FROM FALLING. THE DEFENDANT TOOK TEN STEPS INSTEAD OF THE NINE AS INSTRUCTED AND ON THE TURN AROUND SHE AGAIN LOST HER BALANCE AND I HAD TO ASSIST HER TO KEEP HER FROM FALLING. ON THE RETURN SHE STILL COULD NOT TOUCH HEEL TO TOE AND USED HER ARMS TO KEEP HER BALANCE. THE DEFENDANT CONTINUED STEPPING OFF THE LINE AND SHE ALSO TOOK APPROXIMATELY 12 STEPS INSTEAD OF THE NINE STEPS AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY SLOW AT PERFORMING IT. WHILE WAITING FOR HER TO LIFT HER LEG, I OBSERVED THE DEFENDANT URINATE HERSELF. AT THAT TIME THE DEFENDANT LIFTED HER RIGHT FOOT AND HELD IT FOR THE COUNT OF TWO AND THEN PUT IT DOWN RIGHT AWAY BEFORE LOSING HER BALANCE. SHE THEN AGAIN ATTEMPTED TO PERFORM THIS TASK, HOLDING HER FOOT UP FOR THE COUNT OF ONE AND THEN PUT IT DOWN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD AND THE DEFENDANT ADVISED THAT SHE DID NOT WANT TO TALK TO ME. 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 DEFENDANT'S VEHICLE WAS LEFT ON THE SCENE PER THE DEFENDANTâS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 492931-X9 WITH A MANDATORY COURT APPEARANCE ON 021413 AT 1300 HRS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0990-GQG2, FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
