| Probable cause affidavit: |
SUBMITTED BY: CIANCIA, TERRY 0575 (AR09107029) did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HER normal faculties were impaired and by reason of such operation did cause damage the property of another, to-wit: TACO BELL RESTAURANT, in violation of Florida Statute 316.193(C)(1) ON 010409 AT 2314 HOURS DEPUTY FERGUSON WAS DISPATCHED TO THE TACO BELL AT 555 NORTHEAST HIGHWAY 19, REFERENCE TO A VEHICLE ACCIDENT IN WHICH THE VEHICLE STRUCK THE BUILDING. AT APPROXIMATELY 2325 HOURS, DEPUTY FERGUSON CONTACTED ME VIA RADIO AND REQUESTED I RESPOND. UPON ARRIVAL, DEPUTY FERGUSON ADVISED ME THAT AS HE PULLED INTO THE PARKING LOT, HE OBSERVED A WHITE FEMALE OPERATING A RED MITSUBISHI TWO DOOR BEARING FLORIDA TAG 976-JNZ. THE VEHICLE WAS ATTEMPTING TO BACK INTO A PARKING SPOT. DEPUTY FERGUSON ADVISED THAT THE MANAGER OF THE ESTABLISHMENT MET HIM OUTSIDE AND ADVISED THAT THE WHITE FEMALE OPERATING THE RED MITSUBISHI HAD GONE INTO THE DRIVE-THRU AND RUN INTO THE BUILDING. DEPUTY FERGUSON ADVISED HE WOULD WORK THE TRAFFIC CRASH PORTION OF THE INCIDENT AND REQUESTED I WORK THE DUI PORTION AS HE FELT THE DRIVER WAS UNDER THE INFLUENCE. I APPROACHED THE WHITE FEMALE, WHO AT THAT POINT WAS SITTING ON THE SIDEWALK NEXT TO HER VEHICLE, AND ASKED HER FOR HER DRIVER'S LICENSE. SHE HANDED ME A FLORIDA IDENTIFICATION CARD IDENTIFYING HER AS THE DEFENDANT. I ADVISED THE DEFENDANT THAT DEPUTY FERGUSON WAS WORKING THE CRASH PORTION OF THE INCIDENT AND THAT I WOULD BE WORKING THE CRIMINAL INVESTIGATIVE PORTION OF THE INCIDENT. I READ HER HER MIRANDA RIGHTS FROM PREPARED TEXT, TO WHICH SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND WOULD SPEAK TO ME. I ASKED THE DEFENDANT TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH SHE ADVISED THAT SHE WOULD ATTEMPT THEM. WITH THIS, I ASKED THE DEFENDANT TO STAND. UPON DOING SO, SHE LOST HER BALANCE AND FELL INTO ME AND THE SIDE OF HER VEHICLE IN AN ATTEMPT TO RE-GAIN HER BALANCE. AT THIS POINT, I ASKED THE DEFENDANT TO STAND STRAIGHT WITH HER FEET TOGETHER AND HER HANDS AT HER SIDES WHILE I EXPLAINED THE TASKS TO HER THAT I WOULD LIKE HER TO PERFORM. 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 SHE DID NOT. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED THAT SHE HAD GLASSY EYES, SLURRED SPEECH AND THERE WAS A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER PERSON. 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 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HER BALANCE, UNABLE TO WALK HEEL TO TOE, UNABLE TO WALK ON THE LINE, NEARLY FELL WHEN ATTEMPTING TO TURN, TOOK FIVE STEPS INSTEAD OF NINE, AND FELL BACKWARDS INTO ME WHERE I HAD TO CATCH HER. AT THIS POINT, THE TASKS WERE DISCONTINUED FOR FEAR THAT THE DEFENDANT WOULD FALL AND INJURE HERSELF. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (dui.) THE DEFENDANT WAS handcuffed (double locked) behind her back and secured in the rear seat of my patrol vehicle. 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 SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS secured and left at the scene, per her request. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS by the intoxilyzer operator. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE while BEING INVOLVED IN A TRAFFIC CRASH WITH PROPERTY DAMAGE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7076-XDO, WITH A MANDATORY COURT APPEARANCE ON 012209 AT 1330 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
