| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR14-10830) 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). DID DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THE STATE OF FLORIDA WITHOUT HAVING A VALID AND PROPER LICENSE AS AN OPERATOR OR CHAUFFER AUTHORIZED THE DEFENDANT TO DO SO IN VIOLATION OF FLORIDA STATE STATUTE 322.03(1). ON 061714, AT APPROXIMATELY 2218 HOURS, WHILE ON ROUTINE PATROL DRIVING SOUTHBOUND ON HIGHWAY 41 IN THE AREA OF THE âIRRUâ CLUB, I ENTERED INTO THE SOUTH TURN LANE IN AN ATTEMPT TO TURN AROUND TO TRAVEL BACK NORTHBOUND. WHILE DOING SO, I OBSERVED THE DRIVER/DEFENDANT, MS GINA NICOLE DRAKE, TRAVELING EASTBOUND ON THE ACCESS ROAD SOUTH OF THE âIRRUâ CLUB, SHE THE ENTERED HIGHWAY 41 NORTH MAKING A LEFT TURN INTO THE LEFT LANE WITHOUT STOPPING. AT THAT TIME, I BEGAN TO OBSERVE THE DEFENDANT TRAVELING NORTHBOUND, WHERE HER VEHICLE CAME TO A STOP AT THE TRAFFIC LIGHT. THE DEFENDANT THEN MADE A LEFT HAND TURN ONTO EDEN DRIVE, CAME TO THE STOP SIGN AT EDEN DRIVE AND SOUTHERLY AVENUE, WHERE SHE DID NOT MAKE A COMPLETE STOP AND TURNED LEFT ONTO SOUTHERLY AVENUE. AT THAT TIME, I OBSERVED THE DEFENDANTâS VEHICLE CROSS THE CENTER LANE APPROXIMATELY THREE TIMES. AS THE DEFENDANTâS VEHICLE APPROACHED INVERNESS BOULEVARD, I ACTIVATED MY OVERHEAD LIGHTS AND SIREN TO INITIATE A TRAFFIC STOP ON THE VEHICLE. THE VEHICLE CAME TO A STOP AT SOUTHERLY AVENUE AND INVERNESS BOULEVARD AND PROCEEDED SOUTH ON SOUTHERLY. THE VEHICLE THEN MADE A LEFT HAND TURN INTO THE REAR PARKING LOT OF LUVBUGS CARWASH. UPON EXITING MY VEHICLE, THE DEFENDANT EXITED HER VEHICLE VERY UNSTEADILY AND WAS INSTRUCTED TO STAND BY HER VEHICLE UNTIL I EXITED MY VEHICLE. AT THAT TIME, THE DEFENDANT BECAME VERY LOUD, STATING THAT I WAS STOPPING HER FOR NO REASON AND SHE WAS JUST COMING TO HER SHOP FOR BUSINESS REASONS. AT THAT TIME, I ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK AND SHE STATED THAT SHE MIGHT HAVE CONSUMED TWO DRINKS OR . THE DEFENDANTâS EYES WERE BLOODSHOT, SHE HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON, HER SPEECH WAS SLURRED AND SHE WAS VERY UNSTEADY ON HER FEET. AT THAT TIME I ASKED THE DEFENDANT TO STEP TO THE REAR OF HER VEHICLE, AT WHICH TIME SHE BECAME LOUDER AND ADVISED THAT SHE WAS NOT DOING FIELD SOBRIETY TASKS. THE DEFENDANT STATED THAT PEOPLE LIKE MYSELF COULD NOT PASS IT SOBER AND SHE HAD A BACK INJURY AND SHE TAKES MEDICATION FOR THAT INJURY. THE DEFENDANT WAS ADVISED TO CALM DOWN, AT WHICH TIME HER PASSENGER/HUSBAND, MR PATRICK DRAKE, ASKED IF HE EXIT THE VEHICLE TO GET HER TO CALM DOWN SO THAT SHE WOULD COMPLY WITH MY REQUEST. I THEN HAD DEPUTY J WILLIAMS ESCORT MR DRAKE BACK TO OUR LOCATION. MR DRAKE ADVISED THE DEFENDANT THAT SHE NEEDED TO CALM DOWN BECAUSE THE DEPUTY WAS JUST DOING HIS JOB AND SHE NEEDED TO COOPERATE. THE DEFENDANT REFUSED TO CALM DOWN AND CONTINUED TO GET LOUD. 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 BACK WAS HURTING. 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. DURING THIS TASK, THE DEFENDANT HAD TO BE TOLD APPROXIMATELY FIVE TIMES NOT TO MOVE HER HEAD. SHE WAS ALSO SWAYING FROM FRONT TO BACK AND HAD TO PLACE HERSELF ON THE REAR OF HER VEHICLE TO KEEP FROM FALLING DUE TO THE DEFENDANT CLAIMING THAT HER BACK WAS HURTING, I MOVED TO THE FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED THAT SHE COULD NOT PERFORM THIS TASK IF SHE WAS SOBER. THE DEFENDANT THEN BEGAN STATING IF YOU LOOKED UP IN THE SKY YOU WOULD BECOME VERY DIZZY. I ASKED THE DEFENDANT APPROXIMATELY FOUR TIMES TO PERFORM THIS TASK, AT WHICH TIME SHE REFUSED TO DO SO AND WAS ULTIMATELY PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. AFTER RUNNING THE DEFENDANTâS DRIVER'S LICENSE, IT WAS DETERMINED THAT IT WAS NOT VALID AS OF 032814, WHERE IT WAS CANCELLED INDEFINITELY DUE TO HAVING AN UNMATCHED SOCIAL SECURITY NUMBER. I ASKED THE DEFENDANT IF SHE KNEW WHY SHE DID NOT HAVE A VALID DRIVER'S LICENSE AND SHE ADVISED THAT IT PROBABLY HAD TO DO WITH HER CHILD SUPPORT. THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE PER HER REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND. SHE WAS ALSO CHARGED WITH OPERATING A VEHICLE WITHOUT VALID DRIVER'S LICENSE, WITH A BOND OF $500.00, FOR A TOTAL BOND AMOUNT OF $1,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 492943XG, WITH A MANDATORY COURT APPEARANCE ON 071014, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7100HBH8, FOR FAILURE TO YIELD THE RIGHT OF WAY AND MAKING A LEFT TURN, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER A1BSRXP, FOR FAIL TO MAINTAIN A SINGLE LANE, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION A1BSRYP, FOR NOT HAVING A VALID DRIVER'S LICENSE WITH A MANDATORY COURT APPEARANCE OF 071014 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
