| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR10115363) 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 061310 AT APPROXIMATELY 2323 HOURS I ARRIVED AT 4591 NORTH CARL G ROSE HIGHWAY IN HERNANDO (GP'S LIQUOR LOUNGE) IN REFERENCE TO A VEHICLE CRASH IN THE PARKING LOT. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM. THE VICTIM ADVISED THAT SHE OBSERVED THE DEFENDANT, WHO WAS IN HER WHITE, FORD, PICK-UP, PULL OUT OF THE PARKING LOT EASTBOUND AND WHILE DOING SO, THE PASSENGER SIDE REAR OF THE DEFENDANT'S PICK-UP STRUCK THE REAR OF THE PASSENGER SIDE OF THE VICTIM'S VEHICLE. AT THAT TIME, THE VICTIM THEN CONTACTED 911 TO REPORT THE INCIDENT. AT THAT TIME, AFTER RECEIVING THAT INFORMATION, I THEN MADE CONTACT WITH THE DEFENDANT, WHOM WAS STILL SITTING ON THE DRIVER'S SIDE OF THE VEHICLE. I THEN ASKED THE DEFENDANT WHAT HAD HAPPENED THIS EVENING AND SHE ADVISED THAT SHE HAD PULLED FORWARD AND HAD ACCIDENTLY STRUCK THE VICTIM'S VEHICLE AND THAT IT WAS HER FAULT. WHILE SPEAKING TO THE DEFENDANT, I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON, HER EYES WERE BLOODSHOT AND HER SPEECH WAS SLURRED. AT THAT TIME, I ADVISED THE DEFENDANT THAT I WAS CONCLUDING MY TRAFFIC CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. AT THAT TIME, I ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK THIS EVENING AND SHE ADVISED THAT SHE HAD A FEW DRINKS AT HOME AND ONE DRINK PRIOR TO LEAVING GP'S LOUNGE. AT THAT TIME, I HAD THE DEFENDANT EXIT HER VEHICLE AND SHE WAS VERY UNSTEADY AND NEARLY FELL TO THE GROUND WHILE EXITING HER VEHICLE. I THEN HAD THE DEFENDANT WALK TO THE SIDEWALK AREA WHERE IT WAS FLAT SO THAT SHE COULD PERFORM FIELD SOBRIETY TASKS. 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 HIS/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. DURING THIS TASK THE DEFENDANT USED HER RIGHT ARM TO PROP HERSELF UP TO KEEP FROM FALLING. THE DEFENDANT MOVED HER HEAD FOUR TIMES AND WAS INSTRUCTED NOT TO DO SO. AT ONE POINT, THE DEFENDANT USED BOTH HER HANDS TO KEEP HER HEAD FROM MOVING. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STILL USED THE BUILDING TO KEEP HERSELF FROM FALLING OVER. THE DEFENDANT DID NOT TOUCH HEEL TO TOE AS INSTRUCTED; SHE STEPPED OFF THE LINE APPROXIMATELY TEN TIMES. ON THE TURN AROUND SHE COMPLETELY LOST HER BALANCE, AT WHICH TIME, THIS DEPUTY ASSISTED TO KEEP HER FROM FALLING. ON THE RETURN, THE DEFENDANT STILL DID NOT COUNT OUT LOUD, DID NOT TOUCH HEEL TO TOE, USED HER ARMS TO KEEP HER BALANCE AND TOOK 13 STEPS INSTEAD OF NINE AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS SO VERY UNSTEADY THAT DEPUTY STRICKLAND HAD TO STEP UP BEHIND HER TO KEEP HER FROM FALLING BACKWARDS. THE DEFENDANT PICKED HER RIGHT FOOT UP AND PUT IT DOWN AUTOMATICALLY. THEN PICKED UP HER LEFT FOOT AND PUT IT DOWN AUTOMATICALLY. WHILE LIFTING HER LEFT FOOT UP, SHE LOST HER BALANCE COMPLETELY AND HAD TO BE SUPPORTED BY DEPUTY STRICKLAND TO KEEP HER FROM FALLING. AT THAT TIME, 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO ADVANCED TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .0254 AND .0254. 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 7240XAD4 WITH A MANDATORY COURT APPEARANCE OF 070110 AT 1300 HRS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 6221CFYX, FOR CARLESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
