| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR1200418) 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(1). ON 032212, K-9 DEPUTY PRICE WAS RUNNING RADAR ON HIGHWAY 41 IN THE AREA OF SPORTSMAN POINT TRAVELING NORTH BOUND WHEN HE OBSERVED A RED SUZUKI VEHICLE TRAVELING SOUTH BOUND AT THAT LOCATION AT 61 MILES PER HOUR (MPH) IN A 45 MPH ZONE. HE THEN TURNED AROUND ON THE SAID VEHICLE BEARING FLORIDA TAG 7257IW AND PERFORMED A TRAFFIC STOP ON HIGHWAY 41 NEAR EAST JASMINE LANE IN INVERNESS. HE THEN MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED THROUGH HER FLORIDA DRIVERâS LICENSE, AS THE DEFENDANT MS FRANCES JESSUP. HE IMMEDIATELY NOTICED THAT SHE APPEARED TO BE UNDER THE INFLUENCE OF POSSIBLY A CONTROLLED SUBSTANCE DUE TO HER VERY SLOW REACTION TIME, VERY THICK TONGUE, AND HER INABILITY TO FOCUS ON THINGS. HE THEN CONTACTED THIS DEPUTY WHO RESPONDED TO HIS LOCATION. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, MS JESSUP. I IMMEDIATELY NOTICED HER VERY THICK TONGUED SPEECH, VERY SLOW REACTION TIME, AS WELL AS HER GLASSY/GLAZED OVER EYES, HER VERY UNSTEADINESS, AND A LIGHT ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH. I THEN ASKED HER TO EXIT HER VEHICLE AND WALK A SHORT DISTANCE TO A LEVEL SURFACE. 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 HER HUSBAND HAD DIED RECENTLY. I CLARIFIED AND SHE SAID SHE DID NOT HAVE A DISABILITY BUT THAT SHE TAKES XANAX, TRAMADAL, AND CEORASET. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES BUT SHE WORE GLASSES FOR READING ONLY. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 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 DID NOT TOUCH HEEL TO TOE. SHE TOOK 11 STEPS UP AND 10 STEPS BACK, USED HER ARMS FOR BALANCE, TURNED INCORRECTLY, AND COULD NOT FOLLOW INSTRUCTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, PUT HER FOOT DOWN NUMEROUS TIMES, AND COULD NOT PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO RETURN HER ARMS TO THE SIDE SEVERAL TIMES, SWAYED WHILE STANDING, AND COULD NOT FOLLOW INSTRUCTIONS. TASK FIVE, THE RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. SHE WAS ASKED WHAT THE LAST GRADE SHE COMPLETED IN SCHOOL WAS TO WHICH SHE ADVISED SHE HAD HER âGEDâ IN NINTH GRADE AND THAT SHE KNEW THE ALPHABET. SHE THEN STARTED BEFORE THE INSTRUCTIONS WERE FINISHED. HOWEVER, SHE WAS ABLE TO RECITE THE ALPHABET IN A SATISFACTORY MANNER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. SHE WAS READ HER MIRANDA WARNINGS VIA CARD. SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND AGREED TO CONTINUE TO SPEAK WITH ME. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO PROVIDE A URINE SAMPLE AS WELL AS PROVIDE A BREATH SAMPLE DUE TO THE FACT THAT SHE HAD AN ODOR OF AN ALCOHOLIC BEVERAGE COMING OFF HER BREATH. THE DEFENDANT DID NOT GIVE A DEFINITIVE RESPONSE IF SHE WOULD OR WOULD NOT PROVIDE A BREATH SAMPLE. THIS DEPUTY MADE CONTACT WITH A FAMILY MEMBER WHO LATER RESPONDED TO THE SCENE TO RETRIEVE THE DEFENDANTâS VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT MADE STATEMENTS TO THE AFFECT SHE SHOULD NOT HAVE BEEN DRIVING HER VEHICLE AND THAT SHE TRIED TO GET SOMEONE TO TAKE HER HOME BUT WAS UNSUCCESSFUL. UPON ARRIVAL AT THE DETENTION FACILITY, SHE DID PROVIDE A BREATH SAMPLE WITH THE RESULTS BEING .094 AND .101. SHE ALSO PROVIDED A URINE SAMPLE WHICH WILL BE SENT TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) FOR ANALYSIS. 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 (UTC), CITATION NUMBER 8794-XBI-1, WITH AN OUT OF CUSTODY COURT DATE OF 040512 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED WARNING NUMBER 347690-B FOR TRAVELING 61 MPH IN A 45 MPH ZONE. THE SOBRIETY TASKS WERE TAPED VIA IN-CAR CAMERA AND WILL BE TURNED IN TO EVIDENCE. |
