| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR07100369) 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 HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 111707 AT APPROXIMATELY 2350 HOURS, I WAS REQUESTED TO RESPOND TO THE AREA OF WEST GULF TO LAKE HIGHWAY AT MEADOWCREST BOULEVARD IN REFERENCE TO LIEUTENANT (LT) VITT'S VEHICLE STOP. UPON ARRIVAL, I SPOKE WITH LT VITT, WHO ADVISED ME THAT HE HAD WITNESSED THE SILVER NISSAN SITTING IN THE WESTBOUND LANE OF WEST GULF TO LAKE HIGHWAY AT THE INTERSECTION OF ROCK CRUSHER ROAD. HE TOLD ME AS HE WAS APPROACHING THE VEHICLE WESTBOUND, THE VEHICLE STOOD STILL AT A GREEN LIGHT. HE TOLD ME AS HE MOVED HIS VEHICLE INTO THE LEFT LANE AND APPROACHED THE VEHICLE, IT QUICKLY LEFT THE RIGHT LANE AND ATTEMPTED TO TAKE HIS LANE. LT VITT ADVISED ME HE ALLOWED THE VEHICLE TO GO IN FRONT OF HIM, AND HE OBSERVED IT DRIVING SLOWLY IN THE RIGHT WESTBOUND LANE, WEAVING IN THE LANE. LT VITT ADVISED ME HE THEN ACTIVATED HIS EMERGENCY LIGHTS AND STOPPED THE VEHICLE AT WEST GULF TO LAKE HIGHWAY AND MEADOWCREST BOULEVARD. LT VITT POINTED OUT TO ME THE RIGHT FRONT TIRE HAD WHAT APPEARED TO BE A SMALL DONUT TYPE REPLACEMENT ON IT. ADDITIONALLY, THE VEHICLE HAD WHAT APPEARED TO BE NEW DAMAGE ON THE RIGHT SIDE AND WAS MISSING THE RIGHT REAR TAILLIGHT. LT VITT ADVISED ME THERE WAS AN ODOR OF AN ALCOHOL BEVERAGE EMITTING FROM THE DEFENDANT'S BREATH AND THAT SHE HAD ADVISED HIM SHE HAD DRANK FOUR SHOTS EARLIER. LT VITT CONTINUED TELLING ME THE DEFENDANT STATED THAT SHE WAS EN ROUTE TO CLEVELAND AND WAS UNAWARE SHE WAS IN CITRUS COUNTY. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS IN THE DRIVER'S SIDE SEAT WITH THE KEY IN THE "OFF" POSITION. I ASKED THE DEFENDANT TO EXIT THE VEHICLE, TO WHICH SHE COMPLIED, USING THE VEHICLE TO STEADY HERSELF. I IMMEDIATELY SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE, AND AS I SPOKE WITH HER, HER SPEECH WAS SLURRED AND I HAD TO REPEAT MYSELF SEVERAL TIMES. WHILE STANDING OUTSIDE THE VEHICLE, I HAD TO ASK THE DEFENDANT SEVERAL TIMES TO NOT LEAN ON THE VEHICLE. I THEN REQUESTED THE DEFENDANT TO SUBMIT TO SOBRIETY TASKS IN ORDER TO DETERMINE HER CURRENT STATE OF SOBRIETY. THE DEFENDANT TOLD ME THAT SHE COULD NOT DO THE TASKS DUE TO HER CURRENT EMOTIONAL STATE AND THE FACT THAT SHE HAD TWO SHOTS. THE DEFENDANT WAS WEARING EYEGLASSES AND ADVISED ME THAT SHE HAD A HIGH SCHOOL EDUCATION AND ALTHOUGH SHE DID HAVE A MEDICAL CONDITION, SHE WAS CURRENTLY EMPLOYED. UPON PERFORMING NYSTAGMUS GAZE, THERE WAS ONSET ON NYSTAGMUS PRIOR TO 45 DEGREES, HOWEVER, THE DEFENDANT HAD TO BE REMINDED SEVERAL TIMES TO NOT MOVE HER HEAD. THE DEFENDANT THEN REFUSED TO PARTAKE IN ANY OTHER SOBRIETY TASKS. SHE TOLD ME THAT SHE WAS ON HER WAY TO CLEVELAND DUE TO THE FACT HER DAUGHTER HAD CANCER AND THAT IF WE WOULD PLEASE TAKE HER TO A HOTEL OR ALLOW HER TO GO TO CLEVELAND, EVERYTHING WOULD BE OKAY. DUE TO THE DEFENDANT'S DRIVING, THE ODOR OF THE ALCOHOLIC BEVERAGE ON HER BREATH, ALONG WITH HER INABILITY TO FOLLOW DIRECTIONS AND THE LACK OF SMOOTH PURSUIT AND THE ONSET OF NYSTAGMUS, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. DURING A SEARCH INCIDENT TO ARREST, LOCATED ON THE FLOORBOARD OF HER VEHICLE, AN EMPTY 50 ML BOTTLE OF SMIRNOFF VODKA WAS FOUND. ALSO UNDER THE DRIVER'S SEAT, FOUR OTHER EMPTY 50 ML BOTTLES OF SMIRNOFF VODKA WERE ALSO FOUND. I THEN READ IMPLIED CONSENT, THE DEFENDANT REFUSED, STATING THAT SHE WOULD NOT SUBMIT TO A TEST OF HER BREATH. THE DEFENDANT WAS HANDCUFFED, DOUBLE LOCKED, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S VEHICLE WAS REMOVED BY ALL PRESTIGE TOWING COMPANY. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT DID ONCE AGAIN REFUSE TESTING OF HER BREATH TO DETECT ALCOHOLIC CONTENT AND ALSO REFUSED TO ANSWER ANY QUESTIONS BY INVOKING HER RIGHTS. THE DEFENDANT WAS WRITTEN CITATION NUMBER 4091XDX FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT DATE OF 120607 AT 1300 HOURS. ALSO WRITTEN UNIFORM TRAFFIC CITATION NUMBER 5903FGW FOR STOPPING, STANDING OR PARKING ON A HIGHWAY WITH A CIVIL FINE IN THE AMOUNT OF $123.50. SHE WAS ALSO WRITTEN UNIFORM TRAFFIC CITATION NUMBER 5904FGW FOR FAILING TO DISPLAY HER DRIVER'S LICENSE UPON DEMAND WITH A CIVIL FINE OF $73.50. *NOT-EXEMPT* |
