| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR08102580) 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 ON 040708 AT 2308 HOURS, I WAS CONDUCTING STATIONARY RADAR ON THE WEST SIDE OF US HIGHWAY19 NEAR THE MERCURY CAR DEALERSHIP IN CRYSTAL RIVER. THE WEATHER CONDITIONS WERE DARK WITH A LIGHT BREEZE AND THE ROAD CONDITIONS WERE DRY WITH NO KNOWN DEFECTS. I OBSERVED A SINGLE VEHICLE TRAVELING NORTHBOUND ON US HIGHWAY 19. I ESTIMATED THE VEHICLE'S SPEED AND ACTIVATED HAND-HELD RADAR UNIT NUMBER 46845. I OBSERVED THE UNIT INITIALLY display A SPEED OF 59 MILES PER HOUR (MPH) WITH AN AUDIO DOPPLER TONE. THE RADAR UNIT DISPLAY SCREEN STEADILY INCREASED TO 62 MPH. AT THAT TIME, I PROCEEDED TO ATTEMPT TO CATCH UP WITH THE VEHICLE. WHILE ATTEMPTING TO CATCH THE VEHICLE, I OBSERVED IT TO BE IN THE OUTSIDE LANE AND OBSERVED the DRIVER SIDE TIRES CROSS OVER IN TO THE INSIDE LANE TWICE BEFORE TURNING INTO THE PARKING LOT OF THE OAR HOUSE RESTAURANT. AS THE VEHICLE CAME TO A STOP IN A PARKING SPACE, I ACTIVATED MY OVERHEAD LIGHTS AND IN-CAR CAMERA SYSTEM AND CONDUCTED A TRAFFIC STOP. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MS ERICA SUE ALLEN, AND REQUESTED HER DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT PROVIDED ME WITH HER FLORIDA DRIVER'S LICENSE BUT COULD NOT PROVIDE THE VEHICLE REGISTRATION OR PROOF OF INSURANCE. DURING THIS TIME, I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HER PERSON AND OBSERVED THAT HER EYES WERE GLASSY AND BLOODSHOT. I RETURNED TO MY PATROL VEHICLE AND A COMPUTER CHECK OF THE DEFENDANT'S DRIVER'S LICENSE REVEALED IT WAS VALID. I RETURNED TO THE DEFENDANT'S VEHICLE AND ASKED HER TO STEP OUT OF THE VEHICLE. I ASKED THE DEFENDANT WHERE SHE WAS COMING FROM, TO WHICH SHE REPLIED INGLIS. I ASKED THE DEFENDANT WHY SHE WAS TRAVELING NORTH ON US HIGHWAY 19, COMING FROM CRYSTAL RIVER, TO WHICH SHE STATED SHE WAS COMING FROM APPLEBEE'S RESTAURANT. WHEN ASKED IF SHE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, THE DEFENDANT STATED SHE HAD HAD A FEW DRINKS. 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 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE ON THE FIRST STEP AND THE THIRD STEP, FAILED TO TOUCH HEEL TO TOE ON THE REMAINING FIVE STEPS, USED ARMS FOR BALANCE MORE THAN SIX INCHES, LOST BALANCE DURING THE TURN, FAILED TO TOUCH HEEL TO TOE ON THE RETURN NINE STEPS AND USED ARMS FOR BALANCE MORE THAN SIX INCHES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HER FOOT DOWN ON FIRST COUNT, COUNTED TO SEVEN AND STATED "I CAN'T DO IT NO MORE." THE DEFENDANT WAS NOT ABLE TO COMPLETE THIS TASK. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER BOYFRIEND, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .183 AND .185. 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 4116-XDX, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8532-FIQ, FOR UNLAWFUL SPEED, 54 MPH IN A POSTED 45 MPH SPEED ZONE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 217966-B, FOR FAILURE TO PRODUCE REGISTRATION, AND WRITTEN WARNING NUMBER 217967-B, FOR NO PROOF OF INSURANCE. *NOT-EXEMPT* |
