| Probable cause affidavit: |
SUBMITTED BY: HRYC, CHRISTOPHER 0701 (AR10117982) 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 111810 WHILE TRAVELING WESTBOUND ON WEST GULF TO LAKE HIGHWAY, I INITIATED A TRAFFIC STOP ON A BLUE 1998 OLDSMOBILE AT 7855 WEST GULF TO LAKE HIGHWAY, DUE TO THE FACT THAT THE TAG WAS EXPIRED AS OF 110810. I APPROACHED THE DRIVER, LATER IDENTIFIED AS MS HOLLY MICHELLE NYE AND EXPLAINED TO HER THAT I STOPPED HER FOR THE EXPIRED REGISTRATION. AS SHE LOOKED UP AT THIS DEPUTY SHE HAD DARK CIRCLES AROUND BOTH EYES AND THEY WERE BOTH BLOODSHOT. SHE STATED WITH EXTREMELY SLURRED SPEECH THAT IT EXPIRES ON HER BIRTHDAY, WHICH WAS ON 110810. AT THAT TIME I ASKED FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. DEFENDANT NYE FUMBLED THROUGH HER PURSE FOR A FEW MOMENTS AND FINALLY FOUND HER WALLET AND PROVIDED ME with HER DRIVER'S LICENSE. DEFENDANT NYE THEN STARED AT THIS DEPUTY FOR A FEW MOMENTS AND AGAIN I HAD TO ASK FOR HER REGISTRATION AND INSURANCE. I THEN RETURNED TO MY PATROL VEHICLE AND RAN MS NYE FOR WANTS AND WARRANTS, WHICH YIELDED NEGATIVE RESULTS. I THEN ISSUED DEFENDANT NYE A UNIFORM TRAFFIC CITATION, NUMBER 1247-ESH-1, FOR AN EXPIRED REGISTRATION, WITH FINE OF $113.00 PAYABLE WITHIN 30 DAYS. I THEN ASKED MS NYE, DUE TO THE FACT THAT HER SPEECH WAS EXTREMELY SLURRED, HER BLOODSHOT EYES WITH DARK CIRCLES AROUND THEM, IF SHE WOULD MIND SUBMITTING TO FIELD SOBRIETY TASKS. she EXCLAIMED THAT SHE HAD NOT DRUNK ANYTHING, BUT SHE WOULD SUBMIT TO THE TASKS. AS SHE OPENED THE DOOR TO EXIT HER VEHICLE, SHE NEEDED ASSISTANCE, SO SHE GRABBED HER DOOR FRAME TO STEADY HER AS SHE STEPPED OUT. SHE THEN STEPPED TO THE REAR OF HER VEHICLE AND LEANED AGAINST IT TO AID HER BALANCE. 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 PROBLEM WITH HER LEFT KNEE, BUT WAS SURE SHE WOULD BE ABLE TO DO THE TASKS. 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 TWENTY FIVE TO THIRTY DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. WHILE PERFORMING THIS TASK THE DEFENDANT REPEATEDLY MOVED HER HEAD TO FOLLOW THE TIP OF MY PEN AND SHE ALSO SWAYED BACK AND FORTH SEVERAL TIMES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, WHEN TAKING HER FIRST NINE STEPS, NEVER TOUCHED HEEL TO TOE OR COUNTED OUT LOUD. she ALSO BEGAN THE TASK SEVERAL TIMES WHILE IT WAS BEING EXPLAINED TO HER. I AGAIN GAVE THE DEFENDANT THE OPPORTUNITY TO WATCH AS i EXPLAINED AND DEMONSTRATED THE TASK ONCE AGAIN. I ALLOWED HER ONE MORE OPPORTUNITY TO COMPLETE THE TASK. THE DEFENDANT AGAIN STARTED BEFORE i WAS FINISHED EXPLAINING THE TASK. AGAIN, SHE DID NOT TOUCH HEEL TO TOE, NOR DID SHE COUNT OUT LOUD. THE DEFENDANT SWAYED BACK AND FORTH ON BOTH ATTEMPTS OF THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT AGAIN STARTED SEVERAL TIMES BEFORE I WAS FINISHED EXPLAINING. THE DEFENDANT STATED THAT SHE WOULD RAISE HER LEG THAT DID SHE DID NOT HAVE AN ISSUE WITH. WHILE ATTEMPTING TO DO THE TASK, THE DEFENDANT WAS UNABLE TO KEEP HER FOOT IN THE AIR, TOUCHING IT TO THE GROUND SEVERAL TIMES. SHE NEVER COUNTING PAST THE NUMBER FOUR. SHE ALSO NEVER LEANED HER HEAD BACK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT NEVER TOUCHED THE TIP OF HER FINGER TO HER NOSE. SHE MISSED SEVERAL TIMES AND TOUCHED THE MIDDLE OF HER INDEX FINGER TO THE TIP OF HER NOSE. ALSO ON TWO OCCASIONS I ASKED HER TO USE HER RIGHT HAND AND SHE SEEMED CONFUSED, TEMPORARILY RAISED THE LEFT HAND, BUT THEN CORRECTED HERSELF. DURING MY DEMONSTRATION OF THIS TASK, THE DEFENDANT BEGAN SEVERAL TIMES BEFORE i WAS FINISHED EXPLAINING THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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 SUBMIT TO THE APPROVED TEST OF HER BREATH. I THEN ASKED HER IF SHE HAD ANYTHING TO DRINK AND SHE STATED that SHE HAD NOTHING TO DRINK. I THEN ASKED IF SHE HAD TAKEN ANY MEDICATION. SHE STATED THAT she TAKES METHADONE. I THEN ASKED WHEN THE LAST TIME SHE TOOK HER MEDICATION WAS. SHE STATED that SHE TOOK TWO PILLS APPROXIMATELY 30 TO 45 MINUTES BEFORE MY TRAFFIC STOP. I THEN ASKED WHERE THE MEDICATION WAS. SHE SAID IT WAS IN HER PURSE. I ASKED IF I COULD RETRIEVE THE MEDICATION, TO which SHE STATED I COULD. IN HER PURSE, she DID HAVE A PRESCRIPTION BOTTLE PRESCRIBED TO HER FOR METHADONE 10 MILLIGRAM TABLETS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE BREATHALYZER UNIT WAS INOPERABLE. THE DEFENDANT WAS UNABLE TO GIVE URINE DUE TO THE FACT THAT OF A PRE-EXISTING MEDICAL CONDITION AND ALSO NO BLOOD WAS COLLECTED. 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 4522-XDX-1, WITH A MANDATORY COURT APPEARANCE OF 120910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
