| Probable cause affidavit: |
SUBMITTED BY: MANN, BRIAN FHP1580 \t(AR12-3498) 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 111512, I WAS PATROLLING SOUTHBOUND ON NORTH CROFT AVENUE SOUTH OF COUNTRY ROAD 486. I NOTICED A VEHICLE IN THE ROADWAY WITH FRONT END AND WINDSHIELD DAMAGE. I MADE CONTACT WITH THE DRIVER BEHIND THE WHEEL, LATER IDENTIFIED A MS JESSICA BURGER. I COULD SMELL A MODERATE ODOR OF ALCOHOL EMANATING FROM THE DEFENDANTâS BREATH. THE DEFENDANTâS FACE WAS FLUSHED AND HER EYES BLOODSHOT. I CONDUCTED A CRASH INVESTIGATION AND INFORMED THE DRIVER I WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE AT 0305 HOURS. 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 THEN READ THE DEFENDANT HER MIRANDA RIGHTS AT 0306 HOURS. 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 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/DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED HEEL TO TOE ON STEPS FOUR, SIX, SEVEN, EIGHT AND NINE AND TOOK A TENTH STEP DURING THE FIRST NINE STEPS. THE DEFENDANT MISSED HEEL TO TOE ON ALL THE RETURN NINE STEPS AND FELL OFF THE LINE ON STEP SIX. DURING THIS EXERCISE THE DEFENDANT RAISED HER ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CHOSE TO STAND ON HER RIGHT FOOT. THE DEFENDANT USED HER ARMS FOR BALANCE THROUGHOUT THE EXERCISE AND THE DEFENDANT PUT HER LEFT FOOT DOWN AND LOST HER BALANCE ON SECOND 8, 14, 18 AND 21. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT COMPLETED THIS TASK SUCCESSFULLY. 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, HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONYâS TOWING TO THEIR IMPOUND FACILITY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE SHE WAS READ HIS IMPLIED CONSENT AND MIRANDA VIA PRE-PRINTED CARD. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .070 AND .062. 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 8691-WJL-5 WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8692-WJL-6 FOR CARLESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
