| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR15-14580) (15-47852) 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; AND DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PERCENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: DAMAGE TO A 2014 LEXUS, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 041215 AT APPROXIMATELY 1701 HOURS, I WAS DISPATCHED TO SOUTH MASON CREEK ROAD AND SOUTH BOULEVARD DRIVE IN HOMOSASSA IN REFERENCE TO A VEHICLE ACCIDENT. UPON ARRIVAL, I MADE CONTACT WITH PARTIES ON SCENE, TO INCLUDE THE VICTIM IN THIS CASE, MS SHANNON DUKES. SHE ADVISED SHE WAS TRAVELING NORTHBOUND ON MASON CREEK ROAD WHEN THE DEFENDANT IN THIS CASE, MS FRANCES SIMMONS, PULLED OUT FROM SOUTH BOULEVARD DRIVE AND A COLLISION OCCURRED. THE DEFENDANT'S VEHICLE WAS ON ITS ROOF ON SOUTH BOULEVARD DRIVE JUST SOUTH OF THE INTERSECTION OF MASON CREEK DRIVE WHERE SHE OBSERVED THE DEFENDANT'S HUSBAND GET OUT OF THE PASSENGER SIDE WINDOW AND THEN GO AROUND TO THE DRIVER SIDE AND HELP THE DEFENDANT EXIT THE DRIVER SEAT AREA. THE VICTIM PROVIDED A WRITTEN STATEMENT AS TO WHAT HAD OCCURRED. UPON MAKING CONTACT WITH MS SIMMONS, IT WAS APPARENT TO THIS DEPUTY THAT THE DEFENDANT WAS HAVING PROBLEMS WITH HER BALANCE, WITH FOLLOWING SIMPLE INSTRUCTIONS AND HAD A VERY SLOW REACTION TIME. SHE ALSO HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HER BREATH, GLASSY, BLOODSHOT EYES AND WAS SLIGHTLY UNSTEADY ON HER FEET. SHE HAD A DIFFICULT EXPLAINING WHAT HAD OCCURRED. SEE ACCIDENT REPORT NUMBER 2015-00047852 FOR FURTHER. UPON COMPLETING THE TRAFFIC CRASH INVESTIGATION, I INFORMED THE DEFENDANT, MS FRANCES SIMMONS, I WAS NOW SWITCHING HATS FROM A CIVIL TRAFFIC CRASH INVESTIGATION TO A CRIMINAL DRIVING UNDER THE INFLUENCE TRAFFIC INVESTIGATION. I THEN ADVISED HER OF HER MIRANDA WARNINGS VIA CARD, TO WHICH SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. I THEN HAD HER WALK A SHORT DISTANCE AWAY AND REPOSITIONED MY PATROL VEHICLE FOR SAFETY PURPOSES ON A SIDE STREET SO WE WOULD NOT BE NEAR TRAFFIC FLOW. 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 SHE HAD A SCIATIC IN HER LEFT LEG AND A PROBLEM WITH HER LEFT HAND; HOWEVER, HAS NOT BEEN DIAGNOSED BY A DOCTOR. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES, OTHER THAN SHE WEARS READING GLASSES. 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 EYES. THE DEFENDANT SWAYED WHILE STANDING AND HAD A HARD TIME FOLLOWING DIRECTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST BALANCE SEVERAL TIMES, STATED "I KNOW I'M GOING TO JAIL", ADVISED SHE HAD A DRINK EARLIER THAT WAS EITHER RUM OR VODKA AND COULD NOT COMPLETE THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TWICE BUT COULD NOT COMPLETE THE TASK AND LOST BALANCE. SHE ASKED IF SHE COULD HOLD ON TO ME AND AGAIN STATED "I KNOW I'M GOING TO JAIL." SHE WAS UNABLE TO COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, AT ONE POINT MISSED THE TIP OF HER NOSE AND STARTED TO USE THE WRONG HAND. TASK FIVE, ROMBERG ALPHABET. I ASKED HER WHAT WAS THE LAST GRADE SHE FINISHED IN SCHOOL AND SHE ADVISED THE TENTH GRADE AND SHE KNOWS THE ALPHABET. DURING THIS TASK, THE DEFENDANT WAS ABLE TO COMPLETE THE ALPHABET CORRECTLY; HOWEVER, SHE WAS SWAYING WHILE STANDING AND TOOK UNNECESSARY PAUSES BETWEEN CERTAIN LETTERS. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. ALL SOBRIETY TASKS ON SCENE WERE VIDEO TAPED VIA IN-CAR CAMERA, WHICH WILL BE TURNED INTO EVIDENCE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED (DOUBLE LOCKED) AND SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH AND URINE FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH AND URINE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVE'S BODY SHOP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH AND URINE WITH THE BREATH TEST RESULTS BEING .259. AFTER THE INITIAL SAMPLE THE DEFENDANT WAS UNABLE TO GIVE ANOTHER SAMPLE DUE TO HER POSSIBLY TRYING TO TAMPER WITH THE INTOXILYZER ABILITY TO READ HER SECOND AND THIRD SAMPLE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. SHE WAS ALSO CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, WHERE BOND WAS $1,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8848XBI AND DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, CITATION NUMBER 8849XBI, BOTH WITH A MANDATORY COURT APPEARANCE OF 043015 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBERA1UQT0E, FOR FAILURE TO YIELD RIGHT AWAY, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
