| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHON 0616 (AR2422) THE DEFENDANT, MS ELIZABETH HUNSAKER WRIGHT, DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS/HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT FAILED TO YIELD AT AN INTERSECTION, CAUSING HER VEHICLE TO STRIKE ANOTHER VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). THE DEFENDANT, MS ELIZABETH HUNSAKER WRIGHT, 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 081712 AT APPROXIMATELY 2120 HOURS, I RESPONDED TO THE AREA OF SOUTH SUNCOAST BOULEVARD, AND WEST OZELLO TRAIL, IN REFERENCE TO A TRAFFIC ACCIDENT WHICH HAD ALREADY OCCURRED. UPON MY ARRIVAL, I DID OBSERVE A WHITE IN COLOR, 2006 CADILLAC ESCALADE, WHOSE FRONT END WAS AGAINST THE DRIVERâS SIDE OF A SILVER IN COLOR, 2007 KIA SORRENTO. BOTH VEHICLES WERE IN THE OUTSIDE NORTHBOUND LANE OF NORTH SUNCOAST BOULEVARD, IN THE INTERSECTION OF WEST OZELLO TRAIL. I MADE CONTACT WITH THE DEFENDANT, WHO ADVISED THAT SHE WAS TRAVELING NORTHBOUND ON SOUTH SUNCOAST BOULEVARD, AND WAS TURNING LEFT INTO THE CIRCLE K CONVENIENCE STORE, LOCATED AT THE CORNER OF WEST OZELLO TRAIL AND SOUTH SUNCOAST BOULEVARD. WHILE SPEAKING WITH THE DEFENDANT, I DID OBSERVE HER EYES TO BE BLOODSHOT, AND COULD DETECT AN ODOR OF ALCOHOLIC ODOR EMANATING FROM HER BREATH. I THEN MADE CONTACT WITH THE VICTIM, MS DARLENE VANESSA HARMON, WHO ADVISED THAT SHE HAD BEEN TRAVELING NORTHBOUND IN THE OUTSIDE LANE OF NORTH SUNCOAST BOULEVARD, WHEN SHE OBSERVED THE DEFENDANT IN HER VEHICLE TO BE TRAVELING SOUTHBOUND ON SOUTH SUNCOAST BOULEVARD, AND ATTEMPTING TO MAKE A LEFT HAND TURN INTO THE NORTHBOUND TRAFFIC. THE VICTIM ADVISED THAT SHE ATTEMPTED TO STOP HER VEHICLE TO PREVENT IT FROM BEING STRUCK BY THE DEFENDANTâS VEHICLE, BUT COULD NOT STOP IN TIME, AND WAS STRUCK IN THE FRONT END OF THE DRIVERâS SIDE OF HER KIA SORRENTO, BY THE WHITE ESCALADE. I THEN WENT AND MADE CONTACT WITH THE DEFENDANT AGAIN, AND SHE AGAIN STATED THAT SHE HAD BEEN TURNING LEFT INTO THE CIRCLE K. I ASKED THE DEFENDANT IF SHE HAD HAD ANYTHING TO DRINK THIS EVENING, AND SHE ADVISED THAT SHE HAD, BUT THAT SHE HAD ONLY HAD FOUR BEERS. I THEN ADVISED THE DEFENDANT THAT I WOULD BE TRANSITIONING FORM A TRAFFIC ACCIDENT INVESTIGATION TO A CRIMINAL DUI INVESTIGATION. I THEN ASKED THE DEFENDANT TO STEP ONTO THE ROADWAY, ONTO A FLAT AND SMOOTH AREA, AND HAD HER STAND ON THE WHITE FOG LINE. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/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. WHILE PERFORMING THIS TASK, THE DEFENDANT DID NOT KEEP HER HEAD STILL, UNTIL I INSTRUCTED HER AGAIN TO DO SO, AND ONLY TO FOLLOW MY PEN WITH HER EYES ONLY. THE DEFENDANT DID NOT PASS THIS TASK. 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 ON ANY OF HER STEPS, AND INSTEAD, TOOK ELONGATED STEPS. WHEN THE DEFENDANT GOT TO HER NINTH STEP, SHE TURNED AROUND, LOST HER BALANCE, AND HAD TO STEADY HERSELF. WHEN THE DEFENDANT TOOK HER NINE STEPS BACK, SHE AGAIN DID NOT TOUCH HEEL TO TOE, AND WHEN SHE REACHED STEP SIX, SHE HURRIEDLY TOOK HER LAST THREE STEPS. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID COMPLETE THIS TASK AS INSTRUCTED. TASK FOUR, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HELD HER FOOT APPROXIMATELY ONE FOOT OFF OF THE GROUND, POINTING HER TOE UPWARD, AND LOOKED STRAIGHT AHEAD. WHEN THE DEFENDANT GOT TO NUMBER FIVE, SHE PUT HER FOOT DOWN, AND STEADIED HERSELF, THEN PICKED HER FOOT BACK UP AGAIN. THE DEFENDANT THEN COUNTED TO THE NUMBER NINE, AND PUT HE FOOT BACK DOWN, AND STEADIED HERSELF AGAIN. THE DEFENDANT THEN USED HER ARMS IN AN OUTWARD FASHION TO MAINTAIN HER BALANCE, COUNTING TO NUMBER THIRTEEN, AND PUT HER FOOT BACK DOWN. THE DEFENDANT THEN PICKED HER FOOT BACK UP, COUNTED TO THE NUMBER SEVENTEEN, AND LOST HER BALANCE, AT WHICH TIME I GRABBED HER LEFT ARM TO HELP STEADY HER. THE DEFENDANT DID NOT COMPLETE THIS TASK. THE DEFENDANT WAS THEN TURNED OVER TO DEPUTY RICHEY (0678), WHO TRANSPORTED THE DEFENDANT 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 0.048 AND 0.047. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, AND DRIVING UNDER THE INFLUENCE RESULTING IN PROPERTY DAMAGE, WITH A TOTAL BOND OF $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI WITH PROPERTY DAMAGE UNIFORM TRAFFIC CITATION, CITATION NUMBER 7151XGA6, WITH A MANDATORY COURT APPEARANCE OF 091312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7150XGA7, WITH A MANDATORY COURT APPEARANCE ON 091312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7353WKQ8, FOR FAILURE TO YIELD, WITH A CIVIL PENALTY OF A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. AN ACCIDENT REPORT WAS COMPLETED, REFERENCE DHSMV NUMBER 82403746. |
