| Probable cause affidavit: |
SUBMITTED BY: SILCOX, EDDIE FHP2101 (AR08102042) ON 030508 AT APPROXIMATELY 1835 HOURS, I WAS ADVISED OF A TRAFFIC CRASH VIA TAMPA FLORIDA HIGHWAY PATROL (FHP) DISPATCH. THE CRASH SCENE LOCATION WAS AT US HIGHWAY 19 AND GROVER CLEVELAND BOULEVARD. AT THAT TIME I ADVISED TAMPA DISPATCH that I WOULD BE EN ROUTE TO the SCENE, AND THEN TRAVELED TO the LOCATION. UPON MY ARRIVAL AT 1917 HOURS, I MADE CONTACT WITH DEPUTY MARSHALL. DEPUTY MARSHALL PRESENTED ME WITH THE DEFENDANT'S KEYS AND A FLORIDA DRIVER'S LICENSE, and BRIEFED ME OF THE BASICS OF THE CRASH AS HE KNEW THEM. DEPUTY MARSHALL ADVISED THAT THE DEFENDANT WAS SITTING IN HER VEHICLE AND HE STATED THAT SHE WAS VERY DRUNK AND THAT DEPUTY PERUCHE HAD REMOVED THE KEYS FROM the IGNITION IN THE DEFENDANT'S VEHICLE. AT THAT TIME I APPROACHED THE DRIVER SIDE DOOR OF THE DEFENDANT'S VEHICLE WHICH WAS A BLACK TOYOTA PICK-UP BEARING FLORIDA LICENSE PLATE HZI291. I KNOCKED ON THE DEFENDANT'S WINDOW TO WHICH THE DEFENDANT FAILED TO RESPOND. AT THAT TIME I OPENED THE DRIVER'S SIDE DOOR AND ASKED THE DEFENDANT IF SHE would EXIT her VEHICLE AND ADVISED HER THAT I WAS CONDUCTING A TRAFFIC CRASH INVESTIGATION. THE DEFENDANT FAILED TO RECOGNIZE MY PRESENCE and APPEARED TO BE SLEEPING. I THEN TAPPED THE DEFENDANT ON THE LEFT SHOULDER, AT WHICH TIME THE DEFENDANT LIFTED HER HEAD, LOOKED UP IN MY DIRECTION AND STATED THAT SHE WANTED TO GET SOME CIGARETTES. WHILE THE DEFENDANT SPOKE I DETECTED AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM her BREATH. the DEFENDANT'S SPEECH WAS SLURRED AND SHE HAD BLOOD SHOT EYES. I ONCE AGAIN ASKED THE DEFENDANT TO EXIT the VEHICLE. I THEN HAD TO ASSIST THE DEFENDANT IN ORDER FOR HER TO BE ABLE TO EXIT HER VEHICLE. AFTER REMOVING THE DEFENDANT FROM THE VEHICLE, I HAD HER STEP TO the LEFT REAR AND I BEGAN A CRASH INVESTIGATION. the DEFENDANT SWAYED DURING THE CRASH INVESTIGATION APPROXIMATELY FOUR TO SIX INCHES. SHE MADE SEVERAL SPONTANEOUS statements ABOUT ONLY DRIVING TO THE STORE TO PURCHASE CIGARETTES. AT THAT TIME THE DEFENDANT WAS ADVISED that I HAD CONCLUDED MY CRASH INVESTIGATION AND WAS BEGINNING A CRIMINAL INVESTIGATION PERTAINING TO her OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. THE DEFENDANT STATED SHE UNDERSTOOD her RIGHTS BY REPLYING, YES AND NODDING, YES, WITH HER HEAD. I ADVISED the DEFENDANT OF HER IMPLIED CONSENT AND SHE STATED SHE UNDERSTOOD and CONTINUED TO BE CONCERNED ABOUT PURCHASING HER CIGARETTES. I ADVISED THE DEFENDANT THAT I WAS going TO HAVE HER PERFORM SEVERAL FIELD SOBRIETY TASKS, TO WHICH SHE STATED SHE WAS NOT, and THAT SHE just WANTED TO BUY CIGARETTES and TAKE HER DOG HOME. I THEN PLACED THE DEFENDANT UNDER ARREST. SHE WAS HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. SHE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO the DETENTION FACILITY, POST MIRANDA, THE DEFENDANT STATED THAT SHE DRANK VODKA and WATER AT APPROXIMATELY 1800 HOURS, OR MAYBE A HALF OF A GLASS, OR SIX TO EIGHT OUNCES. INVESTIGATIVE SUMMARY: BASED ON PHYSICAL EVIDENCE, WITNESS STATEMENTS, MY INVESTIGATION AND INTERPRETATION, IT IS CONCLUDED THAT THE FOLLOWING occurred; the DEFENDANT MS JONELLA IERNA, WAS OPERATING A MOTOR VEHICLE, A 2000 TOYOTA PICK-UP TRUCK BLACK IN COLOR, IN THE PARKING LOT OF WALGREENS LOCATED AT THE CORNER OF US HIGHWAY 19 AND GROVER CLEVELAND BOULEVARD. THE DEFENDANT ATTEMPTED TO ENTER INTO A PARKING SPACE WHERE SHE STRUCK A PROPERLY PARKED VEHICLE. THE DEFENDANT THEN BACKED UP and ATTEMPTED TO ENTER THE PARKING SPACE A SECOND TIME AND ONCE AGAIN STRUCK the PARKED VEHICLE. the DEFENDANT THEN BACKED UP, LEFT THE AREA OF CRASH and DROVE TO A DIFFERENT LOCATION IN the PARKING LOT. THE DEFENDANT THEN PARKED IN A PARKING SPACE SOUTH OF THE AREA OF THE CRASH, FACING TO THE NORTH EAST AT A 60 DEGREE ANGLE WITHIN A PARKING SPACE. THERE IS EVIDENCE OF CRIMINAL OPERATION OF A MOTOR VEHICLE BY the DEFENDANT. THE DEFENDANT WAS CRIMINALLY NEGLIGENT IN the OPERATION OF A MOTOR VEHICLE AT THE TIME OF THE CRASH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. UPON ARRIVAL AT THE DETENTION FACILITY, the DEFENDANT CONSENTED TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .235 AND .223. THE DEFENDANT WAS ISSUED FLORIDA DUI CITATION NUMBER 5036-XAU AND FLORIDA UNIFORM TRAFFIC CITATION NUMBER 0795-SLD FOR LEAVING THE SCENE OF AN ACCIDENT. *NOT-EXEMPT* |
