| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR07004998) 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 090807 AT APPROXIMATELY 2225 HOURS, WHILE ON ROUTINE PATROL TRAVELING NORTHBOUND ON HIGHWAY 200 CONDUCTING MOVING RADAR, I OBSERVED A GRAY FORD FOUR DOOR, BEARING TAG NUMBER X86MYM, TRAVELING SOUTHBOUND AT WHAT APPEARED TO BE ABOVE THE POSTED SPEED LIMIT. AS THE VEHICLE APPROACHED MINE, THE AUDIO DOPPLER FROM THE RADAR SOUNDED WITH A CLEAR TONE REVEALING THAT THE VEHICLE WAS TRAVELING OVER THE POSTED SPEED LIMIT WITH A SPEED OF SIXTY-THREE (63) MILES PER HOUR IN A FIFTY (50) MILES PER HOUR SPEED ZONE. AT THAT TIME, I TURNED MY PATROL VEHICLE AROUND AND ACTIVATED MY OVERHEAD LIGHTS AND SIREN IN AN ATTEMPT TO CONDUCT A TRAFFIC STOP. I THEN OBSERVED THE DEFENDANT CROSS INTO THE CENTER LANE WHILE TRAVELING SOUTHBOUND. THE DEFENDANT'S VEHICLE THEN CAME TO A STOP IN THE MIDDLE OF THE ROADWAY OF HIGHWAY 200 AT THE INTERSECTION OF VFW LANE. I INSTRUCTED THE DRIVER/DEFENDANT, MS JAMI MORIARTY, TO MOVE HER VEHICLE FORWARD; HOWEVER, SHE DID NOT COMPLY. I THEN MADE CONTACT WITH THE DEFENDANT AT HER VEHICLE AND ASKED HER AGAIN TO MOVE THE VEHICLE OUT OF THE ROADWAY BUT AGAIN SHE IGNORED MY REQUEST. I THEN ASSISTED THE DEFENDANT IN MOVING HER VEHICLE FROM THE ROADWAY. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. HER EYES WERE BLOOD SHOT AND HER SPEECH WAS SLURRED. I ASKED FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT FUMBLED THROUGH HER PURSE BUT WAS ABLE TO PRODUCE THE AFOREMENTIONED DOCUMENTS. AT THAT TIME, I HAD THE DEFENDANT EXIT HER VEHICLE. SHE WAS VERY UNSTEADY ON HER FEET. I THEN WALKED HER TO THE FRONT PASSENGER SIDE OF MY PATROL VEHICLE. 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. 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 THE TASK, THE DEFENDANT HAD TO BE TOLD REPEATEDLY NOT TO MOVE HER HEAD. THE DEFENDANT WAS VERY UNSTEADY. I ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK, TO WHICH SHE STATED THAT SHE HAD TWO ALCOHOLIC BEVERAGES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT APPROXIMATELY FOUR TIMES. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, DID NOT COUNT OUT LOUD, USED HER ARMS TO MAINTAIN HER BALANCE AND STEPPED OFF THE LINE APPROXIMATELY FOUR TIMES IN ONE DIRECTION. ON HER RETURN, THE DEFENDANT CONTINUED TO STEP OFF THE LINE AND THEN LOST HER BALANCE. AT THAT TIME, IT WAS DETERMINED THE DEFENDANT COULD NOT COMPLETE THE TASK. TASK THREE, ONE-LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTEADY. SHE KEPT PICKING HER FOOT UP AND PUTTING IT DOWN. SHE COUNTED TO FIVE AND THEN STARTED COUNTING AGAIN. SHE COUNTED TO SEVEN AND BEGAN COUNTING AGAIN. AT THAT TIME, THE DEFENDANT PICKED HER FOOT BACK UP, BEGAN LOSING HER BALANCE AND USED HER ARMS TO KEEP FROM FALLING. THE DEFENDANT WAS THEN 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY FIVE STAR TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 7264-XAD, WITH A MANDATORY COURT APPEARANCE OF 092707 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATIONS, NUMBER 7284-BGI FOR UNLAWFUL SPEED (63/50) WITH A $188.50 FINE AND NUMBER 7285-BGI FOR FAILURE TO CHANGE HER ADDRESS WITH A FINE OF $76.50, BOTH PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
