| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN (17-44816) (AR17-23206) 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. ON 032917 AT APPROXIMATELY 2232 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT ON HIGHWAY 19 AND WEST MAYO DRIVE, IN CRYSTAL RIVER, IN THE MEDIAN FACING SOUTHBOUND. AT THAT TIME, I OBSERVED ONE VEHICLE TRAVELING NORTHBOUND THAT SEEMED TO BE TRAVELING AT A HIGH RATE OF SPEED AND THE SPEED LIMIT IN THIS AREA WAS 45 MILES PER HOUR. I DID ACTIVATE MY FRONT RADAR AND RECEIVED A CLEAR AUDIO DOPPLER TONE AND RECEIVED THAT THE SPEED OF THE VEHICLE WAS 64 MILES PER HOUR. AT THAT TIME, I ATTEMPTED TO CONDUCT A TRAFFIC STOP BY UTILIZING MY OVERHEAD EMERGENCY EQUIPMENT AT FORT ISLAND TRAIL AND US HIGHWAY 19. THE VEHICLE CONTINUED NORTHBOUND FOR APPROXIMATELY ONE HALF A MILES WEAVING WITHIN ITS OWN LANE, MAINTAINING ITS SPEED. THE VEHICLE THEN CAME TO AN ABRUPT STOP WITHIN THE ROADWAY AND THEN CONTINUED ANOTHER 100 FEET PULLING INTO A PARKING LOT. I THEN APPROACHED THE VEHICLE WHERE I COULD OBSERVE THAT THERE WAS A WHITE FEMALE DRIVER, IDENTIFIED AS MS JACQUELINE MCGUIRE, WHO WAS THE SOLE OCCUPANT IN THE VEHICLE. AT THAT TIME, THE VEHICLE'S STEREO WAS AT SUCH A HIGH VOLUME THAT I COULD NOT SPEAK WITH THE DRIVER. I DID ASK THE DRIVER TO TURN THE MUSIC DOWN, TO WHICH SHE DID. I ASKED THE DRIVER FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, TO WHICH SHE PROVIDED ALL DOCUMENTS. WHILE SHE WAS SPEAKING WITH ME, I DID NOTICE THAT HER SPEECH WAS SLURRED. I THEN COMPLETED A UNIFORM TRAFFIC CITATION NUMBER A7YQ0DE FOR EXCESSIVE SPEED 64 MILES PER HOUR IN A 45 MILES PER HOUR ZONE WITH A FINE OF $256.00. I THEN RE-APPROACHED THE VEHICLE, TO WHICH THE DRIVER HAD TURNED THE STEREO BACK UP. I THEN ASKED HER IF SHE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS TO DETERMINE IF SHE WAS IMPAIRED, TO WHICH SHE AGREED. AT THAT TIME, I ASKED MS MCGUIRE TO SET THE PARKING BRAKE AND STEP OUT OF THE VEHICLE, AS SHE STEPPED OUT OF THE VEHICLE, THE VEHICLE BEGAN TO ROLL BACKWARDS AND AT THAT TIME, DEPUTY FERRER (1424) HAD TO ENTER THE VEHICLE, SET THE PARKING BRAKE AND PUT IT IN GEAR. I ASKED THE DEFENDANT WHERE SHE WAS COMING FROM TO WHICH SHE STATED CRACKERS AND DEUCE'S BAR. 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 DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. THERE WAS LACK OF SMOOTH PURSUIT 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 EYE. DURING THIS TASK, THE DEFENDANT MOVED HER HEAD AND BLINKED HER RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT PLACE ONE FOOT IN FRONT OF THE OTHER, WAS STEPPING OFF OF HER GENERAL DIRECTION AND COULD NOT MAINTAIN BALANCE AND DID NOT COUNT ALOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HER BALANCE, PUT HER RIGHT FOOT DOWN AT SIX SECONDS THEN ATTEMPTED HER LEFT FOOT FOR TWO SECONDS. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HER RIGHT INDEX FINGER ON THE BRIDGE OF HER NOSE AND DID NOT RETURN HER HAND, SHE THEN PLACED HER LEFT INDEX FINGER ON THE BRIDGE OF HER NOSE AND DID NOT RETURN HER HAND. 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. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT BY OFFICER DANIEL FLOYD WHERE SHE PERFORMED FIELD SOBRIETY TASKS POORLY. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .216 AND .204. 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 A44KSUE WITH A MANDATORY COURT APPEARANCE OF 041317 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A7YQ0DE, FOR EXCESSIVE SPEED 64 MILES PER HOUR IN A 45 MILES PER HOUR WITH A $256.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
