| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR12-1448) THE DEFENDANT 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 060312 AT APPROXIMATELY 2035 HOURS WHILE ON PATROL, TRAVELING NORTHBOUND ON US HIGHWAY 19, I OBSERVED A BLACK FORD PICKUP TRUCK EXIT THE PARKING LOT OF VASCIMINI WOODWORKING, TURNING NORTHBOUND ON TO US HIGHWAY 19, VIOLATING MY RIGHT OF WAY AND CAUSING ME TO HAVE TO TAKE EVASIVE ACTION TO AVOID COLLIDING INTO THAT VEHICLE. WHILE TRAVELING BEHIND THE VEHICLE, I OBSERVED IT CROSS OVER THE FOG LINE THREE TIMES AND TO BE TRAVELING AT APPROXIMATELY 35 MILES PER HOUR (MPH) IN A POSTED 55 MPH SPEED ZONE. I ACTIVATED MY OVERHEAD LIGHTS, HOWEVER, THE VEHICLE DID NOT YIELD TO MY OVERHEAD LIGHTS. I ACTIVATED BY SIREN IN THE AREA OF US HIGHWAY 19 AND WEST BRADSHAW STREET. WE CONTINUED NORTHBOUND WITH THE VEHICLE STILL NOT YIELDING TO MY LIGHTS AND SIREN. THE VEHICLE FINALLY CAME TO A STOP IN THE PARKING LOT OF THE WALGREENâS PHARMACY LOCATED AT THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD AND WEST GROVER CLEVELAND BOULEVARD IN HOMOSASSA. I EXITED MY PATROL VEHICLE AND ATTEMPTED TO APPROACH THE DRIVER WHEN I OBSERVED THAT THE DRIVER PUT THE TRUCK IN REVERSE CAUSING HER TO NEARLY STRIKE MY PATROL VEHICLE. I STRUCK THE SIDE OF THE VEHICLE WITH MY HAND SEVERAL TIMES AND BEGAN YELLING AT THE DRIVER TO STOP THE VEHICLE, AT WHICH TIME SHE DID. I THEN HAD HER PUT THE VEHICLE IN PARK AND TURN THE ENGINE OFF. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MS HOLLY LINDSAY, WHO APPEARED DISORIENTED. I ASKED MS LINDSAY IF SHE HAD BEEN DRINKING TODAY, TO WHICH SHE STATED SHE HAD HAD ONLY TWO BEERS AT A BAR. I ASKED HER THE NAME OF THE BAR, TO WHICH SHE STATED SHE COULD NOT REMEMBER. I OBSERVED HER EYES TO BE GLASSY AND BLOODSHOT. HER SPEECH WAS THICK-TONGUED AND SLURRED AND THERE WAS A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I REQUESTED THAT SHE PROVIDE ME WITH HER FLORIDA DRIVERâS LICENSE, THE VEHICLE REGISTRATION AND PROOF OF VEHICLE INSURANCE. SHE PROVIDED THE VEHICLE REGISTRATION AND STATED I WAS HARASSING HER. I AGAIN REQUESTED THAT SHE PROVIDE ME WITH HER FLORIDA DRIVERâS LICENSE AND SHE DID. I THEN REQUESTED THAT SHE STEP FROM HER VEHICLE AND ASKED HER IF SHE WOULD CONSENT TO PARTICIPATING IN A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HER ABILITY TO OPERATE A MOTOR VEHICLE SAFELY. SHE REPLIED âJUST FUCKING TAKE ME TO JAIL.â I ASKED HER IF SHE WAS REFUSING TO COMPlETE THE FIELD SOBRIETY TASKS, TO WHICH SHE REPLIED THAT SHE WOULD SUBMIT TO THE TASKS. 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 HAD A SCIATIC NERVE IN HER BACK. 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. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN 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 MORE THAN THREE TIMES IN EACH DIRECTION; DID NOT COUNT THE STEPS OUT LOUD; STOPPED PRIOR TO COMPLETION OF THE TASK AND REQUESTED I TAKE HER TO JAIL. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED NOTICEABLY; STOPPED AT THE COUNT OF SIX, THEN REFUSED TO ATTEMPT THE TASK AGAIN. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED TO BEGIN THE TASK SEVERAL TIMES BEFORE THE INSTRUCTIONS WERE COMPLETED. THE DEFENDANT SWAYED NOTICEABLY AND WAS NOT ABLE TO PERFORM THIS TASK CORRECTLY AS SHE COULD NOT FOLLOW INSTRUCTIONS. 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. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE 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 SECURED AND 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 ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .298 AND .295. 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, NUMBER 9712-XEI7, WITH A MANDATORY COURT APPEARANCE ON 062112 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION, CITATION NUMBER 7450-GQF6, FOR VIOLATION OF RIGHT OF WAY, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
