| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICK 0689 (AR10115290) 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 NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ON 061010, AT APPROXIMATELY 0130 HOURS, I WAS AT THE LOCATION OF GRIFF'S PUB LOCATED AT 41 NORTH AND MAIN STREET IN THE CITY OF INVERNESS. WHILE STANDING IN THE PARKING LOT, I OBSERVED A WHITE FEMALE LATER IDENTIFIED AS THE DEFENDANT, MS JAMIE SLACK, WALK OUT OF THE BAR AND WALK TO HER VEHICLE. IN DOING SO, I OBSERVED THE DEFENDANT STUMBLE SEVERAL TIMES AND WALK WITH AN UNSTEADY GAIT. I LATER OBSERVED THE DEFENDANT ENTER HER VEHICLE, TURN THE VEHICLE ON, AND THEN DRIVE OUT OF THE PARKING LOT WESTBOUND ON MAIN STREET. I IMMEDIATELY FOLLOWED THE DEFENDANT WESTBOUND ON MAIN STREET AND OBSERVED HER BRAKING ERRATICALLY AND FAILING TO MAINTAIN A SINGLE LANE. AFTER FOLLOWING FOR APPROXIMATELY ONE QUARTER OF A MILE, I INITIATED MY EMERGENCY LIGHTS BEHIND THE DEFENDANT AT WHICH TIME SHE PULLED OVER TO THE SIDE OF THE ROAD. I MADE CONTACT WITH THE DEFENDANT AT THE DRIVER'S SIDE OF HER VEHICLE AND IMMEDIATELY DETECTED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER PERSON. I ALSO NOTED THAT HER EYES WERE RED AND GLOSSY. I INSTRUCTED THE DEFENDANT TO PULL OFF THE ROAD IN TO THE KEY TRAINING CENTER PARKING LOT, TO WHICH SHE COMPLIED. I MADE CONTACT WITH THE DEFENDANT AGAIN, AND ADVISED HER OF THE REASON FOR THE STOP, WHICH WAS FOR FAILURE TO WEAR A SAFETY BELT. WHILE SPEAKING WITH THE DEFENDANT, HER SPEECH WAS SLURRED, AND SHE ADVISED SHE ONLY HAD TWO BEERS THIS EVENING. THE DEFENDANT THEN PROVIDED HER DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE. AT THAT TIME I REQUESTED THE DEFENDANT SUBMIT TO FIELD SOBRIETY TASKS TO DETERMINE HER LEVEL OF IMPAIRMENT, TO WHICH THE DEFENDANT COMPLIED. I THEN TURNED MY EMERGENCY LIGHTS TO THE REAR SETTING ONLY AND HAD THE DEFENDANT STEP OUT OF THE VEHICLE. 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 LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THE TASK THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS TO KEEP HER HEAD STILL AND CONTINUOUSLY TRACKED THE PEN BY TURNING HER HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT; DURING THIS TASK, THE DEFENDANT TOOK APPROXIMATELY 11 STEPS NOT HEEL TO TOE, UNBALANCED, AND FAILED TO COUNT ALOUD. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT; DURING THIS TASK, THE DEFENDANT FAILED TO FOLLOW EXPLAINED INSTRUCTIONS BY KEEPING HER EYES OPEN AND FAILED TO KEEP HER HEAD TILTED BACK. THE DEFENDANT ALSO WAS UNABLE TO ACCURATELY TOUCH HER FINGER TO HER NOSE WITH EITHER HAND, AND FAILED TO RETURN HER ARMS TO HER SIDE APPROPRIATELY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND PARKED IN THE PUBLIC PARKING LOT AT THE KEY TRAINING CENTER PER THE DEFENDANT'S REQUEST. THE DEFENDANT'S PURSE WAS REMOVED WHICH CONTAINED MISCELLANEOUS PERSONAL ITEMS AND WAS TRANSPORTED WITH HER TO THE CITRUS COUNTY DETENTION FACILITY. 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 .109 AND .108. 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, CITATION NUMBER 4451-XDX3 WITH A MANDATORY COURT APPEARANCE ON AT 070110 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
