| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11121527) 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(1); ON 063011 AT APPROXIMATELY 2157 HOURS, WHILE TRAVELLING NORTHBOUND ON SOUTH FLORIDA AVENUE IN THE AREA OF MARK ROAD, I OBSERVED A DARK COLORED SUV TRAVELLING SOUTHBOUND AT WHAT APPEARED TO BE A HIGH RATE OF SPEED. I THEN ACTIVATED MY DECATER RADAR FRONT ANTENNA, SERIAL NUMBER G-14968 AND OBTAINED A CLEAR AUDIO DOPPLER TONE INDICATING A TARGET SPEED OF 71 MILES PER HOUR (MPH), THIS BEING A 55 MPH SPEED ZONE. AT THAT TIME I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND MADE A U-TURN. IT DID NOT APPEAR THAT THE VEHICLE WAS STOPPING. THE VEHICLE DID HAVE APPROXIMATELY 200 YARDS OF GAIN ON ME AND AT THE TIME I CAUGHT UP TO THE VEHICLE, WE WERE PROCEEDING SOUTHBOUND JUST NORTH OF THE CITRUS COUNTY HERNANDO COUNTY LINE. THE VEHICLE THEN PULLED ONTO THE SHOULDER OF THE ROAD. I THEN MADE CONTACT WITH THE DRIVER, WHERE I ASKED TO SEE HER DRIVER'S LICENSE, VEHICLE REGISTRATION AND INSURANCE CARD. SHE THEN GAVE ME HER DRIVER'S LICENSE AND A MANILA ENVELOPE. I THEN ASKED HER TO RETRIEVE HER VEHICLE REGISTRATION FROM THE MANILA ENVELOPE, TO WHICH SHE COMPLIED. DURING THIS TIME, SHE APPEARED TO HAVE SLURRED SPEECH AND I DID SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. I DID NOTICE THROUGH THE DRIVER'S SIDE REAR PASSENGER WINDOW A MCDONALD'S CUP ALMOST FULL SITTING DIRECTLY BEHIND THE DRIVER'S SEAT ON THE FLOOR. THIS HAD A LIGHT TAN SUBSTANCE IN IT CONSISTENT WITH BEER. I THEN ASKED THE DEFENDANT IF IT WAS A CUP OF BEER AND SHE STATED YES. I THEN ASKED HER IF SHE WAS TRYING TO HIDE IT FROM ME AND SHE STATED THAT SHE DID TRY TO HIDE IT FROM ME. I THEN REMOVED THE BEER FROM THE VEHICLE AND ASKED THE DEFENDANT FOR THE VEHICLE KEYS. I THEN CALLED FOR BACK-UP AND RETURNED TO MY PATROL VEHICLE. "K-9" DEPUTY ROWAND ARRIVED ON SCENE, AT WHICH TIME, I ASKED THE DEFENDANT TO STEP OUT OF HER VEHICLE AND PROCEED TO THE FRONT OF MY PATROL VEHICLE. I THEN EXPLAINED TO HER THAT I COULD SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON AND SHE HAD SLURRED SPEECH. DURING THIS TIME, I NOTICED THAT SHE HAD A NECK BRACE ON. SHE DID NOT HAVE A NECK BRACE ON DURING MY INITIAL CONTACT WITH HER. I THEN ASKED HER IF SHE WOULD BE WILLING TO PARTICIPATE IN SOME FIELD SOBRIETY TASKS, SHE STATED YES. 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. 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, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PERFORMED WELL. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT HOLD HER LEG OFF THE GROUND MORE THAN TWO SECONDS AND SHE ATTEMPTED THIS TASK MULTIPLE TIMES. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT STEP HEEL TO TOE AND TOOK TEN STEPS. SHE ATTEMPTED THIS TASK A FEW MORE TIMES AGAIN NOT PUTTING HER HEEL TO TOE. DURING ALL THE ATTEMPTS SHE DID NOT MAINTAIN HER BALANCE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) IN FRONT AND SECURED IN THE REAR OF MY PATROL VEHICLE. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANYONE THAT COULD RETRIEVE HER DOG AND VEHICLE AND SHE STATED THAT HER FATHER MIGHT. HE THEN RESPONDED TO THE SCENE AND TOOK CUSTODY OF THE DOG AND VEHICLE. 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 STATED THAT SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 HER BREATH WITH THE TEST RESULTS BEING .092 AND A .10. BREATHALYZER OPERATOR SUSAN SOTA ADVISED ME THAT THE DEFENDANT PERFORMED VERY POORLY ON THE ONE LEGGED STAND AND THE WALK AND TURN. A COPY OF HER REPORT WILL BE FORWARDED TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. 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, CITATION NUMBER 7157-XDO-X WITH A MANDATORY COURT APPEARANCE ON 071411 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 9338-GJX-7, FOR OPEN CONTAINER WITH A $166.00 FINE AND UNIFORM TRAFFIC CITATION (UTC) NUMBER 9337-GJX-6 FOR SPEED 71 MPH IN A 55 MPH WITH A FINE $256.00 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
