| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR13-6669) 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 073013, I WAS REQUESTED TO RESPOND TO A TRAFFIC STOP BY DEPUTY RICHEY (0678). DEPUTY RICHEY ADVISED HE OBSERVED A WHITE IN COLOR TOYOTA BEARING FLORIDA LICENSE PLATE âRESCTâ DRIVE THROUGH THE MEDIAN IN THE AREA OF HIGHWAY 19 AND EMERALD OAKS. DEPUTY RICHEY ADVISED THE VEHICLE ALMOST STRUCK ONCOMING TRAFFIC. DEPUTY RICHEY ADVISED HE CONDUCTED A TRAFFIC STOP AND OBSERVED THE DRIVER TO BE IMPAIRED. I ARRIVED ON SCENE, AND AS I APPROACHED THE DEFENDANT. IDENTIFIED AS MS KHRISTINA MICHALSKI, EMERGENCY MEDICAL SERVICES (EMS) UNIT WAS ON SCENE. I OBSERVED THE DEFENDANT TO BE VERY INCOHERENT AND VERY SLOW TO RESPOND TO QUESTIONS. I ALSO OBSERVED IN THE PASSENGERâS SEAT OF THE VEHICLE TO BE SEVERAL BOTTLES OF PRESCRIPTION MEDICATIONS. THE DEFENDANT ADVISED SHE DID NOT WANT ANY ASSISTANCE FROM EMERGENCY MEDICAL SERVICES (EMS). I THEN MADE CONTACT WITH THE DEFENDANT. SHE HAD VERY CONSTRICTED PUPILS AND VERY SLOW AND SLURRED SPEECH. I DID NOT NOTICE THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT. I ADVISED THE DEFENDANT THAT I WAS HERE TO CONDUCT A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION, BUT ADVISED FOR HER SAFETY I WOULD LIKE TO MOVE THE INCIDENT LOCATION TO GTE CREDIT UNION BANK PARKING LOT. I THEN ADVISED THE DEFENDANT OF HER MIRANDA RIGHTS. THE DEFENDANT ADVISED SHE UNDERSTOOD AND WISHED TO SPEAK WITH ME. THE DEFENDANT WAS THEN PLACED IN THE REAR OF DEPUTY RICHEYâS PATROL VEHICLE AND TRANSPORTED TO THE PARKING LOT OF THE GTE CREDIT UNION BANK. ONCE THERE, THE DEFENDANT WAS ESCORTED OUT OF DEPUTY RICHEYâS PATROL VEHICLE. I THEN ACTIVATED MY IN-VEHICLE DASH CAMERA IN PREPARATION OF THE FIELD SOBRIETY EXERCISES FOR THE DEFENDANT. ONCE AGAIN, I ADVISED THE DEFENDANT THAT I BELIEVED HER TO BE IMPAIRED AND TOLD HER I WOULD BE BEGINNING A DUI INVESTIGATION. 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 HAVE ANY ISSUES. 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 EYE. IT SHOULD BE NOTED, HER PUPILS WERE CONSTRICTED BELOW NORMAL RANGE. SHE HAD SEVERE DISTINCT AND SUSTAINED NYSTAGMUS AT MAX DEVIATION. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT HAD SLIGHT VERTICAL GAZE NYSTAGMUS. ALSO, DURING THIS EXERCISE, THE DEFENDANT SWAYED SIDE TO SIDE. THE DEFENDANT SWAYED BACKWARDS AND ALMOST FELL. I REQUESTED DEPUTY REYNOLDS (1267) STAND BEHIND THE DEFENDANT FOR HER SAFETY. ALSO, DURING THIS EXERCISE, THE DEFENDANT FAILED TO LISTEN TO INSTRUCTIONS AND FAILED TO KEEP HER HANDS BY HER SIDE. TASK TWO, ONE LEG STAND, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STATED SHE UNDERSTOOD MY INSTRUCTION. PRIOR TO THIS TASK, THE DEFENDANT TOOK OFF HER SHOES. AS SHE DID THIS, SHE HAD TO HOLD ON TO ME FOR SUPPORT. THE DEFENDANT WAS EXTREMELY UNSTEADY AND AS SHE LIFTED HER RIGHT FOOT SHE WAS BARELY ABLE TO LIFT IT OFF THE GROUND. THE DEFENDANT PAUSED FOR APPROXIMATELY 10 SECONDS AND THEN ALMOST FELL BACKWARDS. THE DEFENDANT THEN APPEARED TO RESTART THE EXERCISE AND AGAIN LOST BALANCE. AT THIS TIME, I STOPPED THE EXERCISE FOR THE DEFENDANTâS SAFETY. TASK THREE, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD MY INSTRUCTION. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN BALANCE. THE DEFENDANT REPEATEDLY KEPT ASKING HOW MANY STEPS SHE NEEDED TO TAKE. THE DEFENDANT WAS UNABLE TO STEP HEEL-TO-TOE AS INSTRUCTED. THE DEFENDANT USED HER ARMS FOR BALANCE AND WAS EXTREMELY UNSTEADY. THE DEFENDANT PERFORMED AN IMPROPER TURN. DURING THIS TIME, SHE AGAIN ALMOST FELL. THIS EXERCISE WAS STOPPED FOR THE DEFENDANTâS SAFETY. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD MY INSTRUCTION. DURING THIS TASK, THE DEFENDANT WAS NOT ABLE TO TOUCH THE TIP OF HER FINGER TO THE TIP OF HER NOSE AS INSTRUCTED. SHE DID NOT TILT HER HEAD BACK AND CLOSE HER EYES AS INSTRUCTED. AT ONE POINT DURING THE EXERCISE, TE DEFENDANT WAS TOLD TO LIFT HER LEFT HAND TO HER NOSE, BUT THE DEFENDANT INSTEAD USED HER RIGHT ARM. AFTER SHE RECOGNIZED HER ERROR, SHE WENT BACK TO THE LEFT. THE DEFENDANT SWAYED FROM SIDE TO SIDE DURING THIS EXERCISE AND WAS UNABLE TO MAINTAIN BALANCE. TASK FIVE ROMBERG ALPHABET: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. THE DEFENDANT ADVISED THAT SHE HAD TWO YEARS COLLEGE EDUCATION AND WAS ABLE TO COMPLETE THE EXERCISE WITHOUT A PROBLEM. DURING THIS EXERCISE, THE DEFENDANT IN A SLOW AND SLURRED SPEECH SUNG THE ALPHABET INSTEAD OF RECITING IT AS EXPLAINED. AT THAT TIME, I ADVISED THE DEFENDANT I WAS PLACING HER UNDER ARREST FOR DUI. I HANDCUFFED THE DEFENDANT BEHIND HER BACK (DOUBLE LOCKED) AND SECURED HER IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HER MIRANDA RIGHTS FROM A PRE PRINTED CARD, TO WHICH THE DEFENDANT ADVISED SHE UNDERSTOOD HER RIGHTS AND WOULD SPEAK WITH ME. I THEN READ THE DEFENDANT 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 SUBMIT TO THE APPROVED TEST OF HER BREATH. I THEN REREAD HER MIRANDA RIGHTS FROM A PRE PRINTED AGENCY CARD. THE DEFENDANT ADVISED SHE UNDERSTOOD HER RIGHTS AND STILL WISHED TO SPEAK WITH ME. THE DEFENDANT ADVISED THAT AT APPROXIMATELY 0400 HOURS SHE TOOK ONE-HALF TABLET OF ALPRAZOM 2 MILLIGRAMS, TO WHICH SHE HAS A PRESCRIPTION FOR. THE DEFENDANT ADVISED SHE IS ALLOWED TO TAKE UP TO FOUR TABLETS DAY OF THIS MEDIATION. THE DEFENDANT ADVISED SHE WAS AWARE SHE WAS IMPAIRED AND SHOULD NOT BE DRIVING. SHE ADVISED THAT SHE WAS HEADING TO HER FATHER-IN-LAWâS HOUSE AND DID NOT WANT TO DRIVE THERE DUE TO HER IMPAIRED LEVEL. THE DEFENDANTâS VEHICLE WAS THEN SECURED ON THE ROADSIDE TO BE PICKED UP LATER BY A FAMILY MEMBER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .00 AND .00. AT THIS TIME, I AGAIN MADE CONTACT WITH DEFENDANT. I READ THE DEFENDANT HER IMPLIED CONSENT IN REFERENCE TO HER URINE ANALYSIS. THE DEFENDANT AGREED AND PROVIDED THIS DEPUTY WITH A URINE ANALYSIS, WHICH WILL BE LATER SUBMITTED TO EVIDENCE. THE DEFENDANTâS BOND PLACED AT $500.00 PER THE BOND SCHEDULE. A COPY OF THE DASH CAM VIDEO, ALONG WITH THE URINE ANALYSIS WAS SUBMITTED TO EVIDENCE. DEPUTY RICHEY ISSUED THE DEFENDANT CITATION NUMBER 9264-GQF3, FOR CARELESS DRIVING. I ISSUED THE DEFENDANT FLORIDA UNIFORM TRAFFIC CITATION NUMBER 5382-GZP6, FOR DUI WITH A MANDATORY COURT DATE OF 082213 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
