| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR13-4729) 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 030313 AT APPROXIMATELY 2126 HOURS, WHILE ON ROUTINE PATROL I WAS CONDUCTING MOVING RADAR, TRAVELING NORTH ON HIGHWAY 41, IN THE LEFT LANE IN THE AREA OF INVERNESS BOULEVARD. I OBSERVED THE DEFENDANT TRAVELING SOUTHBOUND, AND SHE APPEARED TO BE TRAVELING IN EXCESS OF THE POSTED SPEED LIMIT OF 45 MILES PER HOUR. AS THE DEFENDANT PASSED MY LOCATION, A CLEAR AUDIO DOPPLER SOUNDED FROM THE RADAR REVEALING THAT THE DEFENDANT WAS GOING 63 MILES PER HOUR IN A 45 MILES PER HOUR ZONE. THE DEFENDANT WAS ALSO TRAVELING IN THE CENTER OF THE RIGHT AND LEFT LANE. AT THAT TIME, I TURNED MY PATROL VEHICLE AROUND, ACTIVATED MY OVERHEAD LIGHTS AND SIRENS AND STOPPED THE DEFENDANT BEFORE SHE CAUSED A CRASH. I OBSERVED THE VEHICLE MOVE FROM THE CENTER OF THE RIGHT AND LEFT LANES AND MOVE COMPLETELY INTO THE LEFT LANE, THEN BACK OVER TO THE CENTER AND THEN UP ON THE SIDEWALK IN FRONT OF THE FORT COOPER BAPTIST CHURCH. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AT HER VEHICLE. THE DEFENDANTâS EYES WERE BLOODSHOT, SHE HAD A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON AND HER SPEECH WAS SLURRED. AT THAT TIME, I ASKED HER HOW MUCH SHE HAD TO DRINK THIS EVENING, AND SHE ADVISED APPROXIMATELY TWO BEERS. I HAD HER EXIT HER VEHICLE, AT WHICH TIME SHE WAS SLOW AND UNSTEADY AND ADVISED ME THAT SHE WAS DISABLED. AT THAT TIME, I HAD THE DEFENDANT WALK TO REAR OF HER 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 WAS DISABLED WITH HER LEGS AND HIP, DUE TO A MOTORCYCLE CRASH THAT OCCURRED APPROXIMATELY TWO YEARS AGO. WHILE SPEAKING TO THE DEFENDANT, SHE WAS CONTINUOUSLY SWAYED BACK AND FORTH AND SLURRED HER SPEECH WHILE BEING ASKED THOSE QUESTIONS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. DURING THIS TASK THE DEFENDANT WAS VERY UNSTEADY, SWAYING FROM FRONT TO BACK AND HAD TO BE TOLD APPROXIMATELY FOUR TIMES TO NOT MOVE HER HEAD. TASK TWO, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. READ AND WROTE THE ENGLISH LANGUAGE AND SHE ADVISED THAT SHE DID READ AND WRITE THE ENGLISH LANGUAGE. DURING THIS TASK THE DEFENDANT SWAYED BACK AND FORTH, USING HER ARMS TO KEEP HER BALANCE. THE DEFENDANT WOULD NOT KEEP HER EYES CLOSED AS INSTRUCTED. THE DEFENDANT INCORRECTLY RECITED THE ALPHABET BY STATING âA, B, C, D, U, V, W, X, T, Zâ. SHE THEN ADVISED THAT SHE DID NOT KNOW THE ALPHABET, BUT WOULD TRY AGAIN. SHE THEN AGAIN ATTEMPTED TO RECITE THE ALPHABET BY STATING âC, U, R, X, Z, Y. TASK THREE. FINGER TO NOSE. THIS TASK WS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STILL CONTINUED TO SWAY BACK AND FORTH, USING HER ARMS TO KEEP HER BALANCE. SHE REFUSED TO KEEP HER EYES CLOSED DURING THE TASK. WHEN ASKED TO DO HER RIGHT HAND SHE TOUCHED THE BOTTOM PART OF HER NOSE, WHEN ASKED TO DO THE LEFT HAND SHE TOUCHED THE BRIDGE OF HER NOSE. WHEN ASKED TO DO HER LEFT HAND AGAIN SHE USED RIGHT HAND TOUCHING THE SIDE OF HER FACE. WHEN ASKED TO DO THE RIGHT HAND SHE TOUCHED THE SIDE OF HER NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK, SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HER MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED HER IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE ADVISED THAT SHE WOULD. THE DEFENDANT WAS THEN ASKED AGAIN HOW MUCH SHE HAD TO DRINK THIS EVENING, TO WHICH SHE ADVISED ME THAT SHE HAD TAKEN ONE OXYCODONE FOR PAIN AND HAD APPROXIMATELY SIX BEERS. 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER HUSBAND, MR ROY CANADA, WHO WAS ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. 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, NUMBER 492933-X4 WITH A MANDATORY COURT APPEARANCE OF 03213 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0545GQG7, FOR 63 MILES PER HOUR IN A 45 MILES PER HOUR ZONE WITH $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0546GQG8 FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
