| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID FHP2740 (AR09108143) 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(1), AND 316.193(3)(C)(1) ON 031409, AT 1844 HOURS, I WAS DISPATCHED TO THE END OF WEST FORT ISLAND TRAIL (CR 44 WEST) IN REFERENCE TO A TRAFFIC CRASH INVOLVING THE DEFENDANT. UPON ARRIVAL, I SPOKE WITH DEPUTY ROY WEST AT THE CITRUS COUNTY SHERIFF'S OFFICE WHO INFORMED ME THAT THE DEFENDANT DROVE LEFT OF CENTER AND SIDE SWIPED AN ON COMING VEHICLE. DEPUTY WEST ALSO STATED THE DEFENDANT APPEARED TO BE VERY IMPAIRED. UPON COMPLETION OF MY TRAFFIC CRASH INVESTIGATION, I INFORMED THE DEFENDANT THAT I HAD COMPLETED A NON CRIMINAL CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL DUI INVESTIGATION. AT THAT TIME, I INFORMED THE DEFENDANT THAT I HAD REASON TO BELIEVE THAT SHE WAS IMPAIRED AND THAT I WISHED THAT SHE WOULD PERFORM FIELD SOBRIETY TASK. I ASKED THE DEFENDANT IF SHE WORE CORRECTIVE LENSES TO WHICH SHE ADVISED "NO". I THEN INQUIRED OF HER PHYSICAL CONDITION TO WHICH SHE ADVISED THAT SHE DOES NOT HAVE ANY PHYSICAL OR MENTAL DISABILITIES 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, ONE LEG STAND, THIS TASK WAS EXPLAINED TO AND DEMONSTRATED TO THE DEFENDANT DURING THIS TASK THE DEFENDANT PUT HER FOOT DOWN ON COUNT SIXTEEN, RAISED HER ARMS OVER SIX INCHES FOR BALANCE, AND THEN LOST BALANCE AND COULD NOT CONTINUE. TASK THREE, HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEEL TO TOE THROUGH EXERCISE, RAISED ARMS OVER SIX INCHES, AND LOST BALANCE WHILE TURNING. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY ROY WEST. AT THAT TIME, I REMAINED ON SCENE FOR A TOW TRUCK TO REMOVE THE DEFENDANT'S VEHICLE. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY CORRECTIONS OFFICER EVERETT. IT WAS AT THAT TIME, THE DEFENDANT DID PROVIDE A BREATH SAMPLE WITH THE TEST RESULTS BEING .015 AND .015 BrAC. UPON MY ARRIVAL AT THE DETENTION FACILITY, I MADE CONTACT WITH THE DEFENDANT AND INQUIRED IF SHE HAD BEEN USING ANY PRESCRIPTION MEDICATION OR ILLEGAL DRUGS TO WHICH SHE STATED XANAX AND MARIJUANA. I ASKED THE DEFENDANT HOW LONG AGO DID SHE TAKE THE XANAX AT WHICH TIME SHE PAUSED AND THEN ADVISED AROUND TWO DAYS AGO. I THEN ASKED WHEN SHE SMOKED THE MARIJUANA AND SHE ADVISED EARLIER ON TODAY'S DATE (031409) PRIOR TO THE CRASH. AT THAT TIME, I ADVISED THE DEFENDANT THAT I WAS REQUESTING A URINE SAMPLE FOR THE PURPOSE OF TESTING THE URINE FOR THE PRESENCE OF DRUGS. THE DEFENDANT THEN ASKED WOULD THE RESULTS OF THE TEST BE USED AGAINST HER TO WHICH I ADVISED "YES". I REMINDED THE DEFENDANT THAT REFUSAL TO PROVIDE ME WITH THE REQUESTED SAMPLE COULD RESULT IN SUSPENSION OF HER DRIVER'S LICENSE FOR A PERIOD OF ATLEAST ONE YEAR TO WHICH THE DEFENDANT STATED "LETS SEE ONE YEAR WITH NO LICENSE OR A DRUG TEST, NO I AM NOT GOING TO GIVE YOU THE SAMPLE". THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH DUI WITH PROPERTY DAMAGE (ONE COUNT) AND DUI WITH PERSONAL INJURY (TWO COUNTS). THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION AS WELL AS UNIFORM TRAFFIC CITATION FOR DUI WITH PROPERTY DAMAGE (ONE COUNT), DUI WITH PERSONAL INJURY (TWO COUNTS), AND FOR FAILURE TO MAINTAIN SINGLE LANE, WITH A MANDATORY COURT APPEARANCE AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
