| Probable cause affidavit: |
SUBMITTED BY: EYES, MICHAEL FHP8004 (AR08106209) 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 111108, I WAS TRAVELING NORTHBOUND ON US HIGHWAY 19. AS I APPROACHED THE INTERSECTION OF WEST POWER LINE STREET, I CAME TO A COMPLETE STOP DUE TO A RED TRAFFIC SIGNAL. AT THAT TIME, I WAS DIRECTLY BEHIND A RED IN COLOR VEHICLE, BEARING FLORIDA LICENSE PLATE NUMBER K661AJ. AS THE TRAFFIC LIGHT TURNED GREEN, I PRECEDED TRAVELING NORTHBOUND IN the OUTSIDE LANE REACHING A SPEED OF APPROXIMATELY 75 MILES PER HOUR (MPH). AFTER PACE CLOCKING, THE VEHICLE AT 75 MPH IN A 65 MPH ZONE, I ALSO OBSERVED THE VEHICLE TRAVEL ONTO THE SHOULDER CROSSING THE WHITE FOG LINE TWICE. AT THAT TIME, I ACTIVATED MY EMERGENCY EQUIPMENT AND INITIATED A TRAFFIC STOP ON THE EAST SHOULDER OF US HIGHWAY 19 JUST NORTH OF COUNTY ROAD 488. I THEN APPROACHED THE DRIVER'S SIDE OF THE VEHICLE, AND MADE CONTACT WITH THE DRIVER OF THE VEHICLE/WHITE FEMALE, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MS JODI MOON, BY HER FLORIDA DRIVER'S LICENSE NUMBER, M500421728423. I HAD the DEFENDANT EXIT THE VEHICLE AND WALK BACK TO THE FRONT OF MY PATROL UNIT. UPON DOING SO, THE DEFENDANT APPEARED TO BE UNSTEADY ON HER FEET and I ALSO DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM her FACIAL AREA. WHILE STANDING AT THE FRONT OF MY PATROL VEHICLE, I ENGAGED IN A CONVERSATION CONCERNING THE USE OF ALCOHOLIC BEVERAGES, TO WHICH THE DEFENDANT STATED that SHE WAS FINE. I THEN REQUESTED THE DEFENDANT TO PROVIDE ME WITH HER VEHICLE DOCUMENTS, AT which TIME she THEN WALKED TO THE PASSENGER SIDE OF HER VEHICLE and RETRIEVED HER VEHICLE DOCUMENTS FORM her GLOVE BOX. WHILE WAITING FOR THE DEFENDANT, I OBSERVED A clear PLASTIC CUP CONTAINING WHAT APPEARED TO BE A MIXED ALCOHOLIC DRINK WITH SALT ALSO AROUND the RIM OF THE CUP. I LATER RETRIEVED THE CUP WITH the CONTENTS INSIDE, WHICH LATER SMELLED OF AN ALCOHOLIC BEVERAGE. I ASKED THE DEFENDANT WHAT THE BEVERAGE WAS, TO WHICH SHE STATED IT WAS SODA. AFTER RETRIEVING her VEHICLE DOCUMENTS, WE THEN WALKED BACK TO MY PATROL UNIT, WHERE I INFORMED THE DEFENDANT THAT I WAS going TO CONDUCT FIELD SOBRIETY TESTING, TO WHICH SHE AGREED TO DO SO. 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. THE DEFENDANT STATED THAT SHE HAD "PROBLEMS WITH HER KNEES" AND WAS CURRENTLY TAKING MEDICATIONS BEING; HYDROCODONE, ALPRAZOLAM, DIAZEPAM, AND CYCLODENZAPRINE, WHICH THE DEFENDANT HAD IN HER POSSESSION AT THE TIME OF THE TRAFFIC STOP. 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 AND SUSTAINED 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 COULD NOT KEEP BALANCE WHILE LISTENING TO INSTRUCTIONS. THE DEFENDANT BEGAN TOO SOON ONE TIME AND FELL OFF BALANCE. THE DEFENDANT STOPPED WALKING TO STEADY HERSELF, SWAYED, AND USED HER ARMS FOR BALANCE DURING THE INTERIOR TASK. THE DEFENDANT ALSO STEPPED OFF OF THE LINE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED ONE INCH WHILE BALANCING ON ONE LEG, USED ARMS TO BALANCE DURING INTERIOR TASK RAISING HER ARMS OVER SIX INCHES, AND PUT HER FOOT DOWN BEFORE THE 30 SECOND LAPS. THE DEFENDANT ALSO STATED THAT HER BONE WAS RUBBING ON HER BONE. IT SHOULD BE NOTED THAT ALL THREE TASKS WERE PERFORMED ON SMOOTH PAVEMENT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT BECAME VERY BELLIGERENT AND WANTED TO WALK BACK TO her VEHICLE TO GET HER CELLULAR TELEPHONE. THE DEFENDANT THEN PROCEEDED TO KICK MY REAR PASSENGER WINDOW with HER FEET WHILE SCREAMING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY GREG'S 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 HIS/HER BREATH WITH THE TEST RESULTS BEING .113 AND .118. 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 WITH A MANDATORY COURT APPEARANCE TO BE SET AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
