| Probable cause affidavit: |
SUBMITTED BY: BEETOW, CHARLES 0295 (12-320600) (AR12-3907) 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(3)(B)(C)(1). ON 122112, AT APPROXIMATELY 2020 HOURS, I RESPONDED TO THE AREA OF 2612 HIGHWAY 44 WEST IN INVERNESS IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL, I OBSERVED A MAROON DODGE CARAVAN AND A WHITE NISSAN IN THE OUTSIDE WESTBOUND LANE FACING WEST. IT APPEARED THAT BOTH VEHICLES HAD EXTENSIVE DAMAGE. CONTACT WAS MADE WITH THE DRIVER AND OWNER OF THE FIRST VEHICLE/DEFENDANT, MS JENNIFER KEENAN, WHO ADVISED THAT SHE DID NOT NEED EMERGENCY MEDICAL SERVICES AND THAT SHE WAS NOT INJURED. CONTACT WAS THEN MADE WITH THE DRIVER/OWNER OF THE SECOND VEHICLE WHO COMPLAINED OF BACK AND LEG PAIN AND WISHED TO GO TO THE HOSPITAL. WHILE GAINING ALL PARTIES INFORMATION IN REFERENCE TO THE TRAFFIC CRASH, I OBSERVED MS KEENAN TO BE UNSTEADY ON HER FEET. I ASKED FOR HER DRIVER'S LICENSE, REGISTRATION AND INSURANCE CARD SEVERAL TIMES. AS SHE WAS SEARCHING FOR THE INFORMATION, SHE KEPT APOLOGIZING, STATING THAT SHE WAS NOT PAYING ATTENTION, SHE ALSO UTTERED THAT SHE WAS LOOKING AT THE SHELL SIGN AND THEN STATED SHE WAS LOOKING AT WALGREENS AND DID NOT NOTICE THE TRAFFIC STOPPED IN FRONT OF HER. SHE WAS THEN FINALLY ABLE TO PROVIDE ME WITH THE INFORMATION SO THAT I COULD COMPLETE A TRAFFIC CRASH REPORT. THE DEFENDANT APPEARED TO HAVE A SLOW SLURRED SPEECH AND AN ODOR OF ALCOHOL EMITTING FROM HER BREATH AND/OR PERSON. I RETURNED TO MY PATROL VEHICLE AND COMPLETED THE TRAFFIC CRASH REPORT. I AGAIN MADE CONTACT WITH MS KEENAN AND INFORMED HER THAT I HAD COMPLETED THE TRAFFIC CRASH AND WAS NOW CONDUCTING A DRIVING UNDER THE INFLUENCE INVESTIGATION. 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 CAN NOT STAND FOR ANY LENGTH OF TIME ON HER LEFT LEG. I THEN ADVISED THE DEFENDANT THAT I WOULD PERFORM AND DEMONSTRATE THE FIELD SOBRIETY TASKS UTILIZING MY RIGHT LEG JUST AS SHE WOULD. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH SHE STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO TAKE MORE THAN THREE STEPS WITHOUT LOOSING HER BALANCE, NEARLY FALLING OVER AND UNABLE TO KEEP HER HANDS DOWN AT HER SIDE. THE DEFENDANT ALSO TRIED TO START THE TASK BEFORE I COMPLETED MY INSTRUCTIONS. THE TASK WAS REPEATEDLY DEMONSTRATED TO HER AND SHE WAS STILL UNABLE TO FOLLOW BASIC DIRECTIONS. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH SHE STATED THAT SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HER HANDS DOWN AT HER SIDES, WAS UNABLE TO STAND ON HER RIGHT LEG AND KEEP HER LEFT LEG ELEVATED FOR MORE THAN THREE SECONDS AT A TIME, DID NOT COUNT OUT LOUD, NEARLY FELL OVER SEVERAL TIMES AND WAS UNABLE TO FOLLOW BASIC DIRECTIONS. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH SHE STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HER HEAD TILTED BACK FOR ANY LENGTH OF TIME, WAS UNABLE TO KEEP HER EYES CLOSED, WAS UNABLE TO TOUCH THE TIP OF HER NOSE WITH THE TIP OF HER FINGER AND SWAYED BACK AND FORTH APPROXIMATELY FOUR TO SIX INCHES AND NEARLY FALLING OVER NUMEROUS TIMES. THE DEFENDANT WAS ALSO UNABLE TO FOLLOW BASIC DIRECTIONS DUE TO REPEATEDLY WANTING TO START THE TASK BEFORE SHE WAS INSTRUCTED TO. TASK FOUR, ROMBERG RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, TO WHICH SHE STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HER EYES CLOSED FOR MORE THAN THREE SECONDS, UNABLE TO KEEP HER HEAD TILTED BACK AND UNABLE TO KEEP HER HANDS DOWN AT HER SIDES WITHOUT USING THEM FOR BALANCE, SWAYING BACK AND FORTH APPROXIMATELY FOUR TO SIX INCHES. THE DEFENDANT ALSO NEARLY FELL OVER SEVERAL TIMES DURING THIS TASK. THE DEFENDANT WAS UNABLE TO COMPLETE THE ALPHABET BY STOPPING AT THE LETTER T AND BEGINNING BACK AT THE LETTER R. THE DEFENDANT PAUSED BRIEFLY AND WENT BACK TO THE LETTERS W, X, THEN Z, SKIPPING THE LETTER Y. ANOTHER OPPORTUNITY WAS AFFORDED TO THE DEFENDANT, IN WHICH SHE PERFORMED THE SAME, HOWEVER, WHEN SHE REACHED THE LETTER Q, SHE BEGAN RECITING THE LETTERS T, V, Z. 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. I ASKED THE DEFENDANT HOW MUCH ALCOHOL SHE HAD CONSUMED, TO WHICH AT FIRST SHE STATED, ONLY TWO BEERS. HOWEVER, SHE QUICKLY RECANTED AND STATED THAT SHE HAD MORE THAN A SIX PACK IN THE PAST HOUR OR SO. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM THE SCENE BY ADVANCED TOWING. 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 .297 AND .282. AFTER ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, IT WAS DETERMINED THAT THE DEFENDANT HAD A PRIOR DRIVING UNDER THE INFLUENCE ARREST AND CONVICTION DATED 052090 FROM THE STATE OF NEW JERSEY. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 030709-W WITH A MANDATORY COURT APPEARANCE ON 011712 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9443-GQF-4, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
