| Probable cause affidavit: |
SUBMITTED BY: GRAMLICH, STEFANIE 00536 (AR09112445) 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. (AND) DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). (AND) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, MARIJUANA, TO WIT: A GRINDER AND A BOWL, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B) 121809 I WAS CONDUCTING A SECURITY CHECK OF AN AREA WHERE THERE HAD BEEN A SIGNIFICANT AMOUNT OF BURGLARIES, WHEN I OBSERVED A WHITE VEHICLE IN THE AREA. I ATTEMPTED TO GET BEHIND THE VEHICLE TO OBTAIN INFORMATION. AT THAT TIME THE VEHICLE LEFT THE AREA GOING BACK ONTO HOMOSASSA TRAIL, TRAVELING TOWARD HOMOSASSA. I FOLLOWED THE VEHICLE AND OBSERVED THE VEHICLE TRAVELING AT 40 MILE PER HOUR IN A 30 MILE PER HOUR SPEED ZONE, AT WHICH TIME I INITIATED MY EMERGENCY EQUIPMENT AND INITIATED A TRAFFIC STOP. UPON MAKING CONTACT with THE SUBJECT I DETECTED A STRONG ODOR OF ALCOHOL AND OBSERVED THAT THE SUBJECT'S EYES APPEARED TO BE GLASSY. I ASKED THIS SUBJECT IF SHE HAD BEEN DRINKING AND SHE ANSWERED, YES SHE HAD BEEN DRINKING, BUT NOT THAT MUCH. SHE WAS ONLY ABLE TO PROVIDE ME WITH A DRIVER'S LICENSE AND WAS FUMBLING WITH HER PAPERWORK AND UNABLE TO LOCATE THE REGISTRATION OR AN INSURANCE CARD. I ASKED THIS SUBJECT IF SHE HAD ANYTHING ILLEGAL IN THE VEHICLE THAT I NEEDED TO BE MADE AWARE OF, AND DID SHE MIND IF OUR CANINE RESPONDED. SHE ADVISED SHE DID NOT AND HE COULD SEARCH HER CAR AS MUCH AS HE WANTED. AT THAT TIME DEPUTY DAVIS RESPONDED AND CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE. THE DOG ALERTED AT THE DRIVER'S SIDE DOOR. AT THAT TIME I ASKED THE DRIVER TO EXIT THE VEHICLE. SHE WAS VERY ARGUMENTATIVE AND DID NOT WANT US TO SEARCH HER VEHICLE. DURING THE SEARCH DEPUTY DAVIS LOCATED A PINK SONY CAMERA CASE, CONTAINING TWO CLEAR PLASTIC BAGGIES, BOTH CONTAINING MARIJUANA, AND ALSO LOCATED A SMALL ROACH. WHILE SEARCHING THE SUBJECT'S PURSE, A METAL GRINDER AND BOWL COMBINATION CONTAINING MARIJUANA WAS LOCATED AND THERE WAS ALSO SHAKE IN THE BOTTOM OF THE SUBJECT'S PURSE. AFTER CONCLUDING THE SEARCH OF THE DEFENDANT'S VEHICLE THE SUBJECT WAS ASKED IF SHE WOULD PERFORM FIELD SOBRIETY EXERCISES, AT WHICH TIME SHE AGREED. FIRST WE ESCORTED THE SUBJECT TO THE ROADSIDE, WHERE THERE WAS PLENTY OF LIGHT AND A WELL MARKED WHITE LINE. AT THAT TIME, DEPUTY DAVIS 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 HE/SHE STATED THAT SHE DID NOT. TASK ONE; WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE ON STEP NUMBER 5, 7, AND THEN ON THE WAY BACK SHE STEPPED OF THE LINE ON STEP 2, STEP 5. DURING THE EXERCISE SHE NEVER MADE CONTACT HEEL TO TOE AND THE SUBJECT USED HER ARMS FOR BALANCE DURING THE EXERCISE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WOULD NOT KEEP HER ARMS AT HER SIDE AND PUT HER FOOT DOWN AFTER TWO SECONDS ON THE FIRST ATTEMPT AND AFTER TWO SECONDS ON THE SECOND ATTEMPT, AND AFTER ONE SECOND ON THE THIRD ATTEMPT. TASK THREE: FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT CLOSED HER EYES AND TILTED HER HEAD BACK, AND AT THAT TIME SHE BEGAN TO SWAY AND STOPPED THE TASK AND IT WAS AGAIN EXPLAINED TO HER. SHE ONCE AGAIN CLOSED HER EYES, REFUSING TO TILT HER HEAD BACK . THE DEFENDANT WAS UNABLE TO MAINTAIN HER BALANCE AND WAS UNABLE TO FOLLOW THE INSTRUCTION. TASK FOUR, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER EYES. HOWEVER, THE SUBJECT REFUSED TO MAINTAIN HER POSITION, FOLLOWING THE PEN WITH HER EYES, AND SHE CONTINUED TO TURN HER HEAD BOTH TIMES THE TASK WAS ATTEMPTED. . AT THAT TIME, I ADVISED THE DEFENDANT SHE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, POSSESSION OF MARIJUANA UNDER 20 GRAMS, AND POSSESSION OF DRUG PARAPHERNALIA PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMS 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 HER BREATH WITH THE TEST RESULTS BEING .157 AND .170 THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE, AND POSSESSION OF MARIJUANA UNDER 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7036-XDO WITH A MANDATORY COURT APPEARANCE OF 010710 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS GIVEN A WARNING FOR SPEEDING 270391-B. *NOT-EXEMPT* |
