| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR2012-1487) 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 060612, AT APPROXIMATELY 1840 HOURS, I WAS DISPATCHED AS BACK-UP TO DEPUTY ELDRIDGE, IN REFERENCE TO A RECKLESS DRIVER. I MADE CONTACT WITH DEPUTY ELDRIDGE IN THE PARKING LOT OF INVERNESS PRIMARY SCHOOL. HE ADVISED HE HAD RESPONDED TO THE AREA IN REFERENCE TO SEVERAL COMPLAINTS OF A RECKLESSLY DRIVING RED JEEP. HE ADVISED HE HAD LOCATED A VEHICLE MATCHING THAT DESCRIPTION IN THIS PARKING LOT WHICH HAD JUST BACKED INTO A DUMPSTER; HOWEVER, THERE WAS NO APPRECIABLE DAMAGE TO THE VEHICLE. DEPUTY ELDRIDGE ADVISED HE MADE CONTACT WITH THE DRIVER AND HE BELIEVED THAT SHE MAY BE IMPAIRED. I MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS MS JANICE COILEY, AND IMMEDIATELY DETECTED THE SMELL OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER PERSON. SHE WAS SLURRING HER SPEECH AND HER EYES APPEARED GLASSY. I ASKED THE DEFENDANT WHAT HAD HAPPENED, AND SHE STATED SHE DID NOT KNOW WHY I WAS THERE. I ASKED THE DEFENDANT IF SHE HAD ANY ALCOHOLIC BEVERAGES ON THIS DAY, AND SHE SAID NO. SHE STATED SHE HAD LAST HAD SOMETHING TO DRINK ON 060512 AT APPROXIMATELY 2300 HOURS. AT THAT TIME I ASKED THE DEFENDANT IF SHE WOULD BE WILLING TO STEP OUT OF THE VEHICLE TO PERFORM SOME SOBRIETY TASKS FOR ME TO DETERMINE IF IT WAS SAFE FOR HER TO OPERATE THE VEHICLE. THE DEFENDANT EXITED THE VEHICLE AND WAS IMMEDIATELY UNSTEADY ON HER FEET, HAVING TO STEADY HERSELF BY HOLDING ONTO THE VEHICLE. THE DEFENDANT ASKED IF SHE COULD TAKE OFF HER HIGH HEELS AND I STATED SHE COULD, BUT SHE STILL REMAINED UNSTEADY ON HER FEET. 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 WAS POSSIBLY DIABETIC BUT NOT ON INSULIN. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK THE DEFENDANT STATED TO ME THAT SHE HAD NONSPECIFIC PROBLEMS WITH HER EYES AND WOULD NOT ELABORATE ON ANY SPECIFIC PROBLEMS. THE DEFENDANT HAD DIFFICULTY MAINTAINING THE START POSITION, NEARLY FALLING OVER. 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. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. THE DEFENDANT HAD DIFFICULTY MAINTAINING HER BALANCE DURING THIS TASK AND HAD TO BE REMINDED SEVERAL TIMES TO KEEP HER HEAD STILL. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD GREAT DIFFICULTY MAINTAINING THE START POSITION. THE DEFENDANT MISSED HEEL TO TOE STEPS ON THE FIRST SERIES OF STEPS, 1, 2 ,3, 4. SHE THEN STEPPED OFF THE LINE AND TOOK TWO STEPS BACKWARD AS SHE ALMOST FELL OVER. SHE THEN MISSED HEEL TO TOE ON STEPS, 5, 6, 7, 8, AND 9 AND THEN CONTINUED COUNTING OUT LOUD STEPS 10, 11, 12, AND STILL MISSED HEEL TO TOE. SHE CONTINUED WALKING FOR STEPS 13, 14 and 15. SHE DID AN IMPROPER TURN AND THEN ON THE SECOND SERIES OF HEEL TO TOE STEPS SHE MISSED ALL OF THEM AND CONTINUED A TOTAL OF 11 STEPS, COUNTING OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD DIFFICULTY MAINTAINING THE START POSITION AND, AFTER SEVERAL FAILED ATTEMPTS, STATED SHE COULD NOT PERFORM THE TASK. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A FRIEND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .341 AND .341. THE DEFENDANT WAS THEN READ 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 7218XGA-X WITH A MANDATORY COURT APPEARANCE OF 062112 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
