| Probable cause affidavit: |
SUBMITTED BY: JONES, JOHN F460 FWC (AR10117418) 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 101610 AT APPROXIMATELY 2200 HOURS, I WAS AT THE INTERSECTION OF CUTLER SPUR AND HIGHWAY 19 IN CRYSTAL RIVER. WHILE STOPPED AT THE TRAFFIC LIGHT, I HEARD THE SOUND OF SCREECHING TIRES. I LOOKED TO MY RIGHT IN THE NORTHBOUND LANE OF HIGHWAY 19 AND OBSERVED A SMALL BLACK VEHICLE TRAVELING AT AN UNSAFE SPEED TOWARD THE VEHICLES PARKED AT THE RED LIGHT. THE OPERATOR'S ACTIONS ALMOST CAUSED THE VEHICLES TO COLLIDE. MY LIGHT TURNED GREEN FOR A LEFT TURN AND I PROCEEDED NORTHBOUND ON HIGHWAY 19 IN CRYSTAL RIVER, AT WHICH TIME THE TRAFFIC LIGHT BEHIND ME CHANGED TO GREEN, WHICH ALLOWED THE CARELESS OPERATOR TO PROCEED. WHILE LOOKING IN MY REARVIEW MIRROR, I OBSERVED THE CARELESS VEHICLE OPERATOR SWERVE AROUND THE VEHICLE IN FRONT OF THEM, WHILE IN THE INTERSECTION, AND TRAVEL AT A HIGH RATE OF SPEED, PASSING ME TO MY LEFT. I LOOKED DOWN AT MY SPEEDOMETER, which INDICATED THAT I WAS TRAVELING THE POSTED 45 MILES PER HOUR SPEED LIMIT. I ACCELERATED TO CATCH UP TO THE SPEEDING VEHICLE, DURING WHICH TIME I NOTICED THE VEHICLE WAS SWERVING AND AT ONE POINT SWERVED SO FAR INTO THE MEDIAN AS TO CAUSE THE TRAFFIC HEADING SOUTHBOUND TO VEER OFF COURSE. THE CARELESS VEHICLE OPERATOR WAS TRAVELING WITHIN TWO FEET OF THE VEHICLE IN FRONT OF THEM AND ABRUPTLY CHANGED LANES. I ACTIVATED MY BLUE LIGHTS ON MY MARKED PATROL UNIT TO SIGNAL THE VEHICLE TO STOP. AT FIRST THE OPERATOR OF THE VEHICLE, LATER IDENTIFIED AS FAYE BUTLER, FAILED TO STOP UNTIL I TURNED MY SIREN ON. MS BUTLER TURNED HER VEHICLE RIGHT ON NW 6TH AVENUE OFF OF HIGHWAY 19, NEAR THE CRYSTAL RIVER MALL. DURING MY INITIAL ENCOUNTER WITH MS BUTLER, I ASKED HER FOR HER DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. WHILE REQUESTING THESE DOCUMENTS I NOTICED THAT MS BUTLER HAD GLASSY BLOOD SHOT EYES, HAD SLURRED SPEECH, AND WAS UNABLE TO REMEMBER WHAT DOCUMENTS I ASKED FOR. I ASKED MS BUTLER TO STEP OUT OF HER VEHICLE and WE MOVED TO THE SIDE OF THE ROAD, AWAY FROM TRAFFIC. DURING MY CONVERSATION WITH MS BUTLER, I NOTICED A STRONG ODOR OF ALCOHOL, CONSISTENT WITH SOMEONE WHO HAD BEEN DRINKING ALCOHOLIC BEVERAGES. AS MS BUTLER AND I CONVERSED, SHE WAS UNSTEADY AND AT ONE POINT I HAD TO CATCH HER TO KEEP HER FROM FALLING. I ADVISED MS BUTLER THAT I HAD SUSPICIONS THAT SHE WAS OPERATING HER VEHICLE IMPAIRED AND I ASKED HER IF SHE WOULD PERFORM SOME FIELD SOBRIETY TASKS. MS BUTLER STATED that SHE WOULD. BEFORE THE FIELD SOBRIETY TASKS WERE STARTED, I ASKED HER THE PRELIMINARY SCREENING QUESTIONS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. THE TASK WAS EXPLAINED AND 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 AND NYSTAGMUS ONSET BEFORE 45. DURING THE TASK I HAD TO REMIND THE DEFENDANT TWO TIMES TO KEEP HER HEAD STILL AND FOLLOW THE PEN with HER EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST HER BALANCE DURING THE INSTRUCTION PHASE FIVE TIMES. SHE STARTED THE TASK BEFORE TOLD TO DO SO TWICE, SHE STEPPED OFF THE LINE NUMEROUS TIMES, HAD TO USE HER ARMS TO BALANCE, HAD AN IMPROPER TURN, WRONG NUMBER OF STEPS, SHE ONLY WALKED SEVEN STEPS GOING DOWN and FIVE COMING BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ACKNOWLEDGED SHE UNDERSTOOD. SHE HAD TO USE HER ARMS TO BALANCE FOUR TIMES, PUT HER RIGHT FOOT DOWN, WHILE COUNTING AFTER NUMBER ONE, TWO, FIVE, EIGHT AND SIXTEEN AND SHE STOPPED PERFORMING THE TASK AFTER SIXTEEN. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED HER NOSE COMPLETELY, TWICE, DID NOT RETURN HER HAND BACK TO HER SIDE AND KEPT HER EYES OPEN DURING the ENTIRE TASK AFTER BEING TOLD NOT TO, AND DID NOT KEEP HER HEAD TILTED BACK. TASK FIVE, BACKWARDS COUNT. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING this TASK THE DEFENDANT SKIPPED NUMBER 88, SHE MISSED NUMBER 70 AND AFTER COUNTING BACKWARDS AFTER 70 SHE STATED THE NUMBER 60, HESITATED AFTER 68 AND THEN AFTER 66 SHE COUNTED DOWN 68, 69, 80 AND SHE JUST STOPPED AFTER THAT. AT THAT TIME, I ADVISED MS BUTLER THAT I HAD PROBABLE CAUSE THAT SHE WAS OPERATING HER VEHICLE WHILE IMPAIRED and ADVISED HER THAT I WAS GOING REQUEST HER TO SUBMIT TO AN APPROVED TEST OF HER BREATH AND ASKED HER IF SHE UNDERSTOOD. SHE ACKNOWLEDGED YES. I ALLOWED MS BUTLER TO MAKE SOME TELEPHONE CALLS TO MAKE ARRANGEMENTS FOR HER VEHICLE TO BE PICKED UP. AT THAT TIME MS BUTLER WAS PLACED IN HANDCUFFS. THE HANDCUFF SPACING WAS CHECKED and DOUBLE LOCKED. I SEARCHED MS BUTLER USING THE BACK OF MY HAND IN the PRESENCE OF A CITRUS COUNTY DEPUTY. MS BUTLER WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY A CITRUS COUNTY DEPUTY. WHILE AT THE DETENTION FACILITY, MS BUTLER WAS READ HER IMPLIED CONSENT, WHERE SHE REFUSED TO SUBMIT TO A BREATH TEST. MS BUTLER WAS ISSUED A UNIFORM DUI CITATION, NUMBER 7131-XED, FOR OPERATING A VEHICLE WHILE IMPAIRED and WAS ISSUED TWO INFRACTION CITATIONS FOR CHANGING LANES WITHIN AN INTERSECTION and FOLLOWING TOO CLOSELY. MS BUTLER WAS ISSUED A CRIMINAL CITATION TO APPEAR ON 110410 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE COURT ROOM B, WITH JUDGE YERMAN. *NOT-EXEMPT* |
