| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR11121296) 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 061611 AT APPROXIMATELY 2356 HOURS, WHILE RUNNING TRAFFIC ON SOUTH US HIGHWAY 41, SOUTH OF HIGHWAY 44 EAST, I OBSERVED A VEHICLE COMING UP BEHIND THIS DEPUTIES PATROL VEHICLE AT A HIGH RATE OF SPEED IN THE MIDDLE LANE. THIS DEPUTY WAS OPERATING HIS PATROL VEHICLE ON THE INSIDE LANE CLOSEST TO THE MEDIAN. WHILE CONTINUING SOUTH THE SUSPECT VEHICLE CONTINUED SOUTH AT A HIGH RATE OF SPEED COMING UP BEHIND MY PATROL VEHICLE. THE VEHICLE WAS OPERATING IN AN ERRATIC MANNER AND AT ONE POINT THIS DEPUTY THOUGHT THAT THE SUSPECT VEHICLE WOULD HIT MY PATROL VEHICLE. THE VEHICLE THEN PASSED THIS DEPUTY AND THIS DEPUTY BEGAN TO PACE SAID VEHICLE, WHICH IMMEDIATELY HAD SLOWED DOWN UPON SEEING MY PATROL VEHICLE AND IT WAS TRAVELLING 51 MILES PER HOUR (MPH) IN A 45 MILES PER HOUR (MPH) ZONE. DUE TO THE VEHICLE ALMOST STRIKING MY PATROL VEHICLE AND OPERATING IN AN ERRATIC MANNER, THIS DEPUTY THEN INITIATED A TRAFFIC STOP ON SAID VEHICLE, WHICH CONTINUED SOUTH ON HIGHWAY 41 STILL DRIVING AND OPERATING IN AN ERRATIC MANNER. THE SUSPECT VEHICLE BEARING FLORIDA TAG 5298JB WHICH WAS A RED CHEVROLET SUV FINALLY PULLED ONTO EDEN DRIVE AND PULLED OVER. I THEN APPROACHED AND MADE CONTACT WITH THE DRIVER, WHO PROVIDED HER FLORIDA DRIVER'S LICENSE AND WAS IDENTIFIED AS MS DONNA WATKINS. SHE APPEARED TO BE VERY SLOW TO REACT HAD BLOOD SHOT EYES AND HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. UPON BEING ASKED SHE ADVISED SHE HAD CONSUMED TWO LONG ISLAND ICE TEAS AT APPLEBEE'S. A SHORT TIME LATER, AFTER A DRIVER'S LICENSE CHECK WAS COMPLETED SHOWING HER DRIVER'S LICENSE AS VALID, SHE WAS ASKED TO EXIT THE VEHICLE AND WALK A SHORT DISTANCE TO PERFORM ROADSIDE SOBRIETY TASKS. 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 HAS PANIC ATTACKS AND PROBLEMS WITH HER LEFT FOOT. I ADVISED HER THAT I WOULD TAKE THAT INTO ACCOUNT. 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 COULD NOT PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF HER NOSE SEVERAL TIMES. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT WAS ABLE TO RECITE "A" THROUGH "P", THEN STOPPED, MADE A COMMENT AND FINISHED THE ALPHABET. THE DEFENDANT WAS DIFFICULT DURING THE ENTIRE TRAFFIC STOP, MAKING COMMENTS THROUGHOUT THE ENTIRE PROCESS. SHORTLY THEREAFTER, THE DEFENDANT WAS ARRESTED FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) SECURED IN MY PATROL VEHICLE. WHILE ON SCENE, THE DEFENDANT WAS ADVISED OF HER IMPLIED CONSENT TO THE APPROVED TEST OF HER BREATH, WHICH SHE WAS ADVISED OF TWICE; HOWEVER, SHE DID NOT PROVIDE A DEFINITIVE ANSWER IF SHE WOULD PROVIDE A SAMPLE. SHE WAS ADVISED OF HER MIRANDA VIA PREPRINTED CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS AND SHE STATED "NOT RIGHT NOW". THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TO THEIR IMPOUND LOT. SHORTLY THEREAFTER, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR FURTHER PROCESSING. WHILE AT THE DETENTION FACILITY, THE DEFENDANT REFUSED TO GIVE A BREATH SAMPLE AND REFUSED TO PARTICIPATE IN ANY FURTHER SOBRIETY TASKS. SHE GAVE THE CORRECTION STAFF AT THE JAIL AN EXTREMELY HARD TIME DURING PROCESSING. 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 FOR REFUSAL, CITATION NUMBER 4420-XDX-7 WITH A MANDATORY COURT APPEARANCE ON 071411 AT 1300 HRS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED CITRUS COUNTY SHERIFF'S OFFICE (CCSO) WARNING CITATION NUMBER 330748B FOR OPERATING HER VEHICLE IN A CARELESS MANNER. IN CAR VIDEO OF THE TRAFFIC STOP WAS RECORDED AND WILL BE SUBMITTED TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "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* |
