| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR16-18525) 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 030616, AT APPROXIMATELY 0205 HOURS, I RESPONDED TO THE PARKING LOT OF GOLD RUSH PAWN LOCATED AT 737 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER IN REFERENCE TO A TRAFFIC STOP THAT DEPUTY VIGGIANO (0682) HAD CONDUCTED ON A 2007 MAROON KIA AMANTI BEARING FLORIDA LICENSE PLATE NUMBER APPLE9. ONCE ON SCENE, I MADE CONTACT WITH DEPUTY VIGGIANO WHO STATED HE HAD STOPPED THE VEHICLE FOR SPEEDING NORTHBOUND ON NORTH SUNCOAST BOULEVARD AND WEST VENABLE STREET. AS THE VEHICLE WAS TRAVELING NORTHBOUND, THE DRIVER WAS DRIVING ERRATICALLY SWERVING IN AND OUT OF TRAFFIC LANES AND TAILGATING VEHICLES. DEPUTY VIGGIANO STATED HE INITIATED A TRAFFIC STOP AT THAT TIME. DEPUTY VIGGIANO MADE CONTACT WITH THE DRIVER, LATER IDENTIFIED AS, MS KATELYN SAMANTHA MOTT, WHO WAS THE ONLY OCCUPANT IN THE VEHICLE. SHE STATED TO HIM SHE WAS COMING FROM A FRIEND'S HOUSE AND HEADING HOME AND COULD NOT GIVE A REASON WHY SHE WAS DRIVING ERRATICALLY. SHE SEEMED CONFUSED AND THEN BECAME UPSET. AS I MADE CONTACT WITH HER, I COULD SMELL AN ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I ASKED HER WHY SHE HAD BEEN PULLED OVER AND SHE COULD NOT GIVE ME A REASON WHY. SHE STATED SHE WAS GOING HOME FROM A FRIEND'S HOUSE. AT THAT TIME, I ASKED THE DEFENDANT TO EXIT THE VEHICLE. SHE WAS UNSTEADY ON HER FEET AND LEANING AGAINST THE DRIVER'S DOOR TO MAINTAIN HER BALANCE. WHILE OBSERVING HER, HER EYES WERE GLASSY, AND SHE BECAME UPSET AND STARTED TO CRY. I ASKED HER SEVERAL TIMES IF SHE HAD BEEN DRINKING THIS EVENING, WHICH SHE DID NOT ANSWER. DURING THIS INVESTIGATION, THERE WAS NO IN-CAR VIDEO. 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 HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED TO HER BUT THE DEFENDANT REFUSED TO PERFORM THIS TASK. TASK THREE, ONE LEG STAND. THE DEFENDANT REFUSED TO PERFORM THIS TASK. DURING THIS TIME SHE WAS LEANING AGAINST THE FRONT OF HER VEHICLE AS SHE WAS HAVING A HARD TIME STANDING UP ON HER OWN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED, DOUBLE-LOCKED, BEHIND HER BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. SHE 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT SECURED ON SCENE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, SHE REFUSED TO SUBMIT TO A LAWFUL TEST OF HER BREATHE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE. THIS DEPUTY ISSUED THE DEFENDANT A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4424-XDXX, WITH A MANDATORY COURT APPEARANCE OF 033116, AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY VIGGIANO ISSUED THE DEFENDANT A UNIFORM TRAFFIC CITATION, NUMBER A21D7EP, FOR FOLLOWING TOO CLOSELY WITH A $166.00 FINE PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
