| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR297) THE DEFENDANT, MS JAMIE LYNN ENTREKIN, DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PERCENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT RAN OVER SIX TREES AT THE COOTER POND PARK, BELONGING TO THE CITY OF INVERNESS, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 042812 MYSELF AND DEPUTY BEETOW WERE DISPATCHED TO THE AREA OF THE MCDONALDâS PARKING LOT IN INVERNESS NEAR US HIGHWAY 41, IN REFERENCE TO A VEHICULAR ACCIDENT WHICH HAD ALREADY OCCURRED. DISPATCH ADVISED THAT A SUBJECT IN A BLACK PICKUP HAD JUST STRUCK SEVERAL TREES AT THE COOTER POND PARK ACROSS FORM MCDONALDâS, AND THAT THE TRUCK HAD PULLED INTO THE MCDONALDâS PARKING LOT. UPON MY ARRIVAL, I OBSERVED A DARK MAROON COLORED PICKUP TRUCK ON THE SOUTHSIDE OF THE MCDONALDâS PARKING LOT. I OBSERVED A BLONDE FEMALE TO BE STAGGERING NEXT TO THE TRUCK, WITH HER KEYS IN HAND, AND APPEARED TO BE ATTEMPTING TO GET BACK INTO THE VEHICLE TO POSSIBLY LEAVE TH PLAZA. I THEN OBSERVED A FRESH TREE BRANCH STUCK IN THE REAR LEFT BUMPER OF THE TRUCK, AND NOTED THAT IT ALSO APPEARED THAT THERE WAS SOME DAMAGE TO THE FRONT LEFT BUMPER OF THE VEHICLE. AT THAT TIME, DEPUTY BEETOW ARRIVED ON SCENE, AT WHICH TIME WE DETERMINED THAT THE CALLER HAD BEEN AN EMPLOYEE AT THE MCDONALDâS. I THEN MADE CONTACT WITH THREE EMPLOYEES OF THE MCDONALDâS, WHO HAD ALL WITNESSED THIS ACCIDENT WHILE STANDING IN THE PARKING LOT PRIOR TO OUR ARRIVAL. THIS DEPUTY WENT ACROSS THE STREET TO THE PARK, AND DID OBSERVE ALL OF THE DAMAGE CAUSED BY THE DEFENDANTâS VEHICLE, I THEN RETURNED BACK TO THE MCDONALDâS. ALL THREE EMPLOYEES ADVISED THAT THEY HAD WITNESSED TH BLONDE FEMALE DRIVING THE PICKUP TRUCK AS SHE RAN OVER NUMEROUS TREES AT THE COOTER POND PARK ACROSS THE STREET FROM THE MCDONALDâS. THE ADVISED THAT AT SOME POINT THEY WITNESSED THEY WITNESSED HER EXIT HER VEHICLE, TO ASSESS THE DAMAGE TO HER VEHICLE. THEY THEN OBSERVED HER REENTER AND ATTEMPT TO DRIVE UP INTO THE MCDONALDâS IN THE PLAZA IN AN ATTEMPT TO GO THROUGH THE DRIVE THOUGH, AND OBSERVED THE DEFENDANT LATER PARK IN THE SOUTHSIDE OF THE PARKING LOT. SHORTLY AFTER THESE EVENTS, LAW ENFORCEMENT OFFICIALS ARRIVED ON SCENE. THIS DEPUTY, THEN AFTER ASSESSING THE SCENE, AND AFTER WORKING THE CIVIL PORTION OF THE TRAFFIC CRASH, CHANGED HATS TO A CRIMINAL INVESTIGATION TO INVESTIGATE A CASE OF DRIVING UNDER THE INFLUENCE. AFTER HAVING THE WITNESSES POSITIVELY IDENTIFY THE DEFENDANT, LATER IDENTIFIED THROUGH HER FLORIDA DRIVERâS LICENSE AS MS JAMIE LYNN ENTREKIN, AS THE DRIVER, I ADVISED HER OF HER MIRANDA RIGHTS VIA A PRE PRINTED AGENCY CARD. THE DEFENDANT HAD A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FORM HER PERSON, AND WAS EXTREMELY UNSTEADY ON HER FEET AND WAS NOT MAKINGS SENSE WHILE SHE WAS TALKING. 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 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION 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. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOPPED WALKING TO STEADY HERSELF, AND COULD NOT TOUCH HEEL TO TOE; AS WELL AS LOST HER BALANCE WHILE WALKING, AND COULD NOT PERFORM THE TASK SUCCESSFULLY. TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, PUT HER FOOT DOWN SEVERAL TIMES, AND COULD NOT PERFORM THE TASK SUCCESSFULLY. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO RETURN HER ARM TO SIDE, AND USED HER WRONG ARM FOR TEST SEVERAL TIMES, AND COULD NOT PERFORM THE TEST SUCCESSFULLY. TASK FIVE, ROMBERG ALPHABET: SUBJECT SWAYED MORE THAN TWO INCHES. 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 AGAIN, AT WHICH TIME SHE ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND THAT SHE DID AGREE TO CONTINUE SPEAKING WITH M. 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 LATER TURNED OVER TO A FAMILY MEMBER THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED/REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE FIRST TEST RESULTS BEING 0.10, AND THE SECOND BEING 0.098. THE DEFENDANT WAS THEN READ HIS/HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. 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 8797XBI4, WITH A MANDATORY COURT APPEARANCE OF 051712 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
