| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 (AR11123379) 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. DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E). ON 103111 AT APPROXIMATELY 2140 HOURS, THIS DEPUTY WAS PATROLLING EASTBOUND ON WEST GREEN ACRES STREET AT WHICH TIME THIS DEPUTY OBSERVED A WHITE CHEVY PICKUP BEARING FLORIDA LICENSE PLATE 930MMV ALSO TRAVELING EASTBOUND. I OBSERVED THE VEHICLE TO CROSS OVER THE DOUBLE YELLOW LINES WITH BOTH DRIVERS' SIDE TIRES FOUR TIMES. I ALSO OBSERVED THE VEHICLE TO FULLY RUN OFF OF THE ROAD WITH BOTH PASSENGERS' SIDE TIRES. THE VEHICLE CONTINUED TO TRAVEL EASTBOUND ON GREEN ACRES STREET STRADDLING THE YELLOW LINES. I THEN CONDUCTED A TRAFFIC STOP AT WEST GREEN ACRES STREET AND LEGEND DRIVE. UPON APPROACHING THE VEHICLE, I OBSERVED A STRONG ODOR OF ALCOHOL EMITTING FROM INSIDE THE VEHICLE. I ASKED THE DRIVER, MS JERI PAVEY, LATER IDENTIFIED AS THE DEFENDANT, IF SHE KNEW WHY I STOPPED HER, TO WHICH SHE ADVISED THAT SHE HAD CROSSED OVER THE YELLOW LINES AND HAD RUN OFF OF THE ROAD. THIS DEPUTY THEN REQUESTED HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, WHICH SHE PROVIDED TO ME. WHILE SPEAKING WITH MS PAVEY, I OBSERVED HER TO HAVE HEAVILY SLURRED SPEECH AND GLASSY BLOODSHOT EYES. I ALSO OBSERVED A STRONG ODOR OF ALCOHOL EMITTING FROM MS PAVEY'S PERSON. I THEN ASKED MS PAVEY TO STEP OUT OF THE VEHICLE AND ASKED HER IF SHE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASKS, TO WHICH SHE REPLIED "SURE". 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. I ASKED HER ABOUT HER HIGHEST LEVEL OF EDUCATION THAT SHE HAD COMPLETED, TO WHICH SHE ADVISED COLLEGE. THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT SURFACE AND ALL OBSTACLES WERE REMOVED PRIOR TO PERFORMING THE TASKS. 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. 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. TASK TWO, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO RECITE THE ALPHABET AND WAS UNABLE TO CONTINUE AFTER THE LETTER "G". MS PAVEY ASKED FOR A SECOND CHANCE WHICH WAS GRANTED. SHE WAS AGAIN UNABLE TO RECITE THE ALPHABET WITHOUT SINGING AND STATED THAT THE LETTER "O" FOLLOWED THE LETTER "T" AND THEN ADVISED THAT SHE COULD NOT REMEMBER ANY MORE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO STAND ON EITHER LEG BEYOND THE COUNT OF 3-1000. THE DEFENDANT WAS ALSO UNABLE TO KEEP EITHER ARM BY HER SIDE AND CONTINUED TO EXTEND HER ARMS FOR BALANCE. THE DEFENDANT WAS UNABLE TO RAISE HER FOOT THE REQUIRED 6" OFF OF THE GROUND AS INSTRUCTED TO DO. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNSTEADY ON HER FEET AND STARTED THE TASK BEFORE THE DIRECTIONS WERE COMPLETED. THE DEFENDANT THEN WAS UNABLE TO HAVE ANY STEPS BE HEEL TO TOE AS WELL AS ANY STEPS TO MAINTAIN A SINGLE LINE. THE DEFENDANT ALSO CONTINUED TO USE HER ARMS FOR BALANCE. TASK FIVE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO TOUCH HER NOSE WITH ANY FINGER, ACTUALLY POCKING HERSELF IN THE EYE TWICE. WHILE COMPLETING THE TASK, THE DEFENDANT WAS VERY WOBBLY AND UNSTEADY ON HER FEET AND ALMOST FELL TWICE. 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 REFUSED TO ANSWER IF SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS ASKED IF THERE WAS ANYTHING ILLEGAL IN THE VEHICLE, TO WHICH SHE STATED THAT THERE WAS A BOTTLE OF JIM BEAM IN HER PURSE. AFTER SEARCHING THE VEHICLE A 375 ML BOTTLE OF JIM BEAM WAS LOCATED IN THE DEFENDANT'S PURSE. THE BOTTLE OF JIM BEAM WAS APPROXIMATELY 1/3 EMPTY. THE DEFENDANT CONTACTED A FRIEND VIA TELEPHONE AND ARRANGED FOR HER VEHICLE TO BE PICKED UP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH REFUSAL TO SUBMIT TO THE TEST OF HER BREATH WITH AN ADDITIONAL $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4766XDX8 WITH A MANDATORY COURT APPEARANCE ON 111711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION NUMBER 4770XDX4 FOR REFUSAL TO SUBMIT TO A TEST OF HER BREATH WITH A MANDATORY COURT APPEARANCE ON 111711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING NUMBER 338178B , FOR FAILURE TO MAINTAIN A SINGLE LANE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
