| Probable cause affidavit: |
SUBMITTED BY: TROOPER ELMORE, PATRICK 1755/3948 (AR16-21349) DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD OR BREATH ALCOHOL LEVEL WAS .08% OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED INJURY TO ANOTHER PERSON, TO-WIT: THE DEFENDANT HIT THE VICTIM, RAN HIM OVER AND DRUG HIM DOWN THE ROADWAY, BREAKING HIS BACK AND CAUSING BRAIN INJURY RESULTING IN HIM BEING IN CRITICAL UNSTABLE CONDITION, IN VIOLATION OF FLORIDA STATUTE 316.193(3)(A)(B)(C)(2). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT MR JAMIE BUSIE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). 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 101716, AT APPROXIMATELY 1947 HOURS, I WAS DISPATCHED TO THE SCENE OF A TWO VEHICLE CRASH INVOLVING A BROWN KIA (VEHICLE ONE) AND A BLACK HONDA MOTORCYCLE (VEHICLE TWO) IN THE AREA OF WEST CARDINAL STREET AND SOUTH GROSS AVE. UPON MY ARRIVAL, I SPOKE WITH THE DRIVER OF VEHICLE ONE, IDENTIFIED BY HER FLORIDA DRIVER LICENSE BEARING THE NUMBER B240-431-66-515-0 AS, MS JAMIE K. BUSIEL. SHE STATED SHE WAS EASTBOUND ON WEST CARDINAL STREET APPROACHING SOUTH GROSS AVENUE. THE DRIVER OF VEHICLE TWO WAS TRANSPORTED TO BAYONET POINT MEDICAL CENTER IN CRITICAL CONDITION. DUE TO THE INJURIES SUSTAINED BY THE DRIVER OF VEHICLE TWO, I WAS UNABLE TO SPEAK WITH HIM BUT DETERMINED THAT VEHICLE TWO WAS EASTBOUND ON WEST CARDINAL STREET SLOWING TO MAKE A LEFT TURN ONTO SOUTH GROSS AVENUE. WITNESS ONE AND WITNESS TWO STATED THEY WERE SITTING IN THEIR VEHICLE FACING SOUTHBOUND ON SOUTH GROSS AVENUE AT THE INTERSECTION WHEN THEY OBSERVED VEHICLE TWO SLOWING TO MAKE A LEFT TURN. THE DRIVER OF VEHICLE ONE THEN STATED VEHICLE TWO SLAMMED ON THEIR BRAKES TO MAKE THE LEFT TURN. WITNESS ONE AND WITNESS TWO STATED THAT VEHICLE TWO WAS SLOWLY APPROACHING SOUTH GROSS AVENUE WITH THE LEFT TURN INDICATOR ON. AS A RESULT, THE DRIVER OF VEHICLE ONE WAS UNABLE TO SLOW TO AVOID A REAR END COLLISION. THE FRONT LEFT OF VEHICLE ONE STRUCK THE REAR OF VEHICLE TWO. THE DRIVER OF VEHICLE TWO WERE THEN RUN OVER BY VEHICLE ONE. VEHICLE ONE WAS MOVED FROM THE ROADWAY PRIOR TO MY ARRIVAL. VEHICLE TWO CAME TO FINAL REST IN THE INTERSECTION OF W. CARDINAL STREET AND SOUTH GROSS AVENUE FACING SOUTHBOUND. DURING MY CRASH INVESTIGATION, I FOUND THAT THE DRIVER OF VEHICLE ONE TOOK NO EVASIVE ACTION TO AVOID THE COLLISION WITH VEHICLE TWO. ALSO, WHILE SPEAKING WITH THE DRIVER OF VEHICLE ONE, I COULD SMELL THE PRESENCE OF CONSUMED ALCOHOL COMING FROM HER PERSON, OBSERVED BLOODSHOT WATERY EYES AND THAT SHE HAD SLURRED SPEECH. AT APPROXIMATELY 2110 HOURS, I INFORMED THE DRIVER OF VEHICLE ONE IDENTIFIED AS, MS JAMIE K. BUSIEL, THAT I HAD CONCLUDED MY CRASH INVESTIGATION AND THAT I WAS NOW GOING TO BE CONDUCTING A CRIMINAL INVESTIGATION FOR DUI. I ASKED MS. BUSIEL (IDENTIFIED AS THE DEFENDANT FROM THIS POINT FORWARD) WHERE SHE WAS COMING FROM SHE STATED SHE WAS COMING FROM WORK AND THAT SHE WAS THE OWNER OF GRUMPY GATOR'S. I ASKED THE DEFENDANT IF SHE HAD ANYTHING TO DRINK TONIGHT AND SHE STATED SHE HAD TWO BEERS EARLIER IN THE NIGHT BUT NOTHING ELSE. I THEN ASKED THE DEFENDANT IF SHE WOULD BE WILLING TO PERFORM SOME STANDARDIZED FIELD SOBRIETY EXERCISES (SFSE'S) IN WHICH SHE STATED SHE WOULD. THE FIRST EXERCISE PERFORMED BY THE DEFENDANT WAS HORIZONTAL GAZE NYSTAGMUS (HGN). THE DEFENDANT PERFORMED POORLY. SHE WAS UNABLE TO FOLLOW DIRECTIONS, SWAYED AND WAS UNABLE TO KEEP HER HEAD STRAIGHT WHILE PERFORMING THE EXERCISE. WALK AND TURN, THE DEFENDANT USED HER ARMS TO BALANCE HERSELF, STEPPED OFF THE LINE MULTIPLE TIMES AND WAS UNABLE TO COMPLETELY FOLLOW DIRECTIONS AND PERFORMED THE EXERCISE POORLY. ONE LEG STAND, THE DEFENDANT WAS UNABLE TO FOLLOW DIRECTIONS, WAS UNABLE TO BALANCE WITHOUT KEEPING HER ARMS TO HER SIDE AND SWITCHED LEGS DURING THE EXERCISE. AT APPROXIMATELY 2122 HOURS, BASED ON MY OBSERVATIONS MS. BUSIEL WAS PLACED UNDER ARREST FOR DUI HANDCUFFED BEHIND HER BACK AND DOUBLE LOCKED. MS. BUSIEL WAS TRANSPORTED TO THE CITRUS COUNTY JAIL. AFTER ARRIVING AT THE CITRUS COUNTY CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS GIVEN THE OPPORTUNITY TO PROVIDE A BREATH, BLOOD AND/OR URINE SAMPLE. THE SUBJECT REFUSED. AT APPROXIMATELY 2221 HOURS, THE DEFENDANT WAS READ IMPLIED CONSENT, THE DEFENDANT STILL REFUSED. MS. BUSIEL WAS SUBSEQUENTLY CHARGED AND BOOKED INTO THE CITRUS COUNTY JAIL FOR THE CHARGES LISTED IN THE DOCUMENT WHICH WERE DRIVING UNDER THE INFLUENCE WITH SERIOUS BODILY INJURY TO ANOTHER, DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY OF PERSON OF ANOTHER AND DRIVING UNDER THE INFLUENCE â ALCOHOL, DRUGS OR CHEMICAL IMPAIRMENT. THE DEFENDANTâS BOND WAS SET AT $20,000.00 FOR THE DRIVING UNDER THE INFLUENCE WITH SERIOUS BODILY INJURY TO ANOTHER, $1,000.00 FOR DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY OF PERSON OF ANOTHER, $1,000.00 FOR DRIVING UNDER THE INFLUENCE â ALCOHOL, DRUGS OR CHEMICAL IMPAIRMENT WITH A TOTAL BOND OF $22,000.00 PER THE BOND SCHEDULE. AFTER MS. BUSIEL WAS PLACED UNDER LAWFUL ARREST I TROOPER P. ELMORE ID NUMBER 1755/3948 WAS APPROACHED BY MULTIPLE PEOPLE ON SCENE THAT STATED THEY KNEW THE DEFENDANT AND STATED SHE HAD A DRINKING PROBLEM. |
