| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, ANDRA 0464 (AR08042927) 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 042708, I WAS DISPATCHED TO THE AREA OF 486 AND CROFT IN REFERENCE TO A RECKLESS DRIVER. DISPATCH ADVISED THAT EMERGENCY MEDICAL SERVICES (EMS) UNIT NUMBER TWO HAD BEEN FOLLOWING A VEHICLE WHO HAD BEEN DRIVING ERRATICALLY BY CROSSING THE DIVIDING LINES SEVERAL TIMES AND WOULD ACCELERATE AND THEN DE-ACCELERATE TO WELL BELOW THE POSTED SPEED LIMIT. APPROXIMATELY ONE MINUTE AFTER RECEIVING THE DISPATCH CALL, I WAS IN FACT ABLE TO LOCATE THE VEHICLE. THE VEHICLE WAS TRAVELING WESTBOUND ON COUNTY ROAD 486 AND DID HAVE A RIGHT HEADLIGHT OUT. I FOLLOWED THE VEHICLE JUST WEST OF PAGE ROAD AND NOTICED THE VEHICLE WAS TRAVELING POSSIBLY 10-12 MILES UNDER THE POSTED SPEED LIMIT. I FURTHER NOTICED THAT THE VEHICLE WAS CROSSING BOTH THE FOG LINE AND INTO THE PASSING LANE. THE VEHICLE DID THIS APPROXIMATELY SIX TIMES AND CROSSED OVER TO BETTER THAN HALF THE VEHICLE'S WIDTH INTO THE OTHER LANE. ALSO THE DRIVER WOULD ACCELERATE UP TO THE POSTED SPEED LIMIT AND THEN WOULD DE-ACCELERATE WAY BACK TO ABOUT 10 MILES UNDER THE POSTED SPEED LIMIT. AT THAT TIME, I CONDUCTED A TRAFFIC STOP. UPON MAKING CONTACT WITH THE DRIVER (MS JAMIE ELMHIRST/DEFENDANT), I WAS IMMEDIATELY ABLE TO DETECT A VERY STRONG ODOR OF ALCOHOL COMING FROM THE DRIVER. UPON ASKING HER FOR HER DRIVER'S LICENSE, REGISTRATION AND INSURANCE SHE STATED SHE WAS JUST TRYING TO GET HOME. I THEN AGAIN ASKED HER FOR HER DRIVER'S LICENSE AND SHE WAS ABLE TO PROVIDE THAT; HOWEVER, SHE WAS TRYING TO LOCATE THE REGISTRATION AND INSURANCE. I ADVISED HER OF THE REASON THAT I HAD STOPPED HER. SHE DID ADVISE THAT SHE AND HER FRIEND HAD BEEN DRINKING AND SHE JUST WANTED TO GO HOME. I ASKED HER WHERE SHE LIVED BECAUSE SHE HAD AN OUT OF STATE DRIVER'S LICENSE AND WAS NOT ABLE TO PROVIDE HER LICENSE, ONLY STATING THAT SHE LIVED IN CRYSTAL RIVER. I ASKED THE DRIVER TO STEP OUT OF THE VEHICLE AND ASKED HER, DUE TO HER DRIVING PATTERN AND THE STATEMENTS SHE MADE ABOUT HER AND HER FRIEND OUT DRINKING AND THE FACT I COULD DETECT AN ALCOHOLIC ODOR EMITTING FROM HER PERSON, IF SHE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASKS, TO WHICH SHE AGREED. 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. IT SHOULD BE NOTED, ONCE THE DEFENDANT WAS OUT OF THE VEHICLE AND WHILE I WAS IN THE PROCESSING OF EXPLAINING THE FIELD SOBRIETY TASKS, THE DEFENDANT SPREAD HER LEGS AND URINATED ON THE GROUND IN FRONT OF THIS DEPUTY. 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. SHE WAS NOT ABLE TO KEEP HER HEAD STILL AND THIS TASK WAS ATTEMPTED THREE TIMES WITH DIRECTIONS BEING GIVEN ALL THREE TIMES. SHE WAS ASKED IF SHE UNDERSTOOD AND EACH TIME STATED YES. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS NOT ABLE TO FOLLOW THE DIRECTION AND ON ALL STEPS SHE NEVER TOUCHED HEEL-TO-TOE LEAVING A 4-5 INCH GAP BETWEEN EACH STEP. SHE ALSO DID THAT UPON HER RETURN. THIS TASK WAS DONE THREE TIMES AND EACH TIME THE DEFENDANT WAS NOT ABLE TO COMPLETE TASK. SHE ALSO STEPPED OFF LINE ON STEPS 3, 4, 5 AND 6. TASK THREE, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. THE DEFENDANT DID NOT FOLLOW THE DIRECTIONS BY KEEPING HER EYES SHUT OR HER HEAD TILTED. ON ALL TRIES, THE SUBJECT WOULD OPEN HER EYES TO TOUCH HER NOSE. THIS TASK WAS ATTEMPTED THREE TIMES AND EACH TIME THE DEFENDANT COULD NOT COMPLETE THE TASK SUCCESSFULLY. 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. UPON CONDUCTING A DRIVER'S LICENSE CHECK, IT WAS FOUND THAT THE DEFENDANT HAD A PRIOR ALCOHOL VIOLATION FOR MURDER, MANSLAUGHTER AND NEGLIGENT HOMICIDE WITH A VEHICLE ADVISING IF ARRESTED FOR THE SECOND TIME TO SEIZE TAG. THE TAG WAS SEIZED AND THE VEHICLE WAS TOWED BY ADVANCED TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .192 AND .196. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH BOND SET AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7654-XAD WITH A MANDATORY COURT APPEARANCE OF 051508 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED TWO WARNINGS, ONE FOR FAILURE TO MAINTAIN A SINGLE LANE AND THE OTHER FOR FAULTY EQUIPMENT FOR THE HEADLIGHT BEING OUT. *NOT-EXEMPT* |
