| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR 15-15575 (15-86099) 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 070115, AT APPROXIMATELY 1243 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT ON THE SOUTH SIDE OF WEST HORACE ALLEN STREET AND NORTH FAMILY COURT FACING EAST, PARKED IN THE GRASS. I OBSERVED A 2000 BEIGE CHRYSLER TWO-DOOR CONVERTIBLE, BEARING FLORIDA LICENSE PLATE 8113QV, TRAVELING WEST ON WEST HORACE ALLEN STREET PASSING MY LOCATION. I OBSERVED THE DRIVER WAS A WHITE FEMALE. THE VEHICLE TRAVELED OFF THE NORTH SIDE OF THE ROADWAY SEVERAL TIMES AT WHICH TIME I INITIATED A TRAFFIC STOP ON THE VEHICLE AT WEST HORACE ALLEN STREET AT THE INTERSECTION OF NORTH MAYLEN AVENUE. DURING THE TRAFFIC STOP, MY IN CAR CAMERA WAS ACTIVATED. I MADE CONTACT WITH THE DRIVER, WHO WAS THE ONLY OCCUPANT IN THE VEHICLE, AND REQUESTED TO SEE HER DRIVER'S LICENSE, REGISTRATION, AND INSURANCE. I INFORMED HER OF THE REASON I HAD PULLED HER OVER. WHILE I WAS SPEAKING WITH HER, SHE STATED SHE HAD JUST GOTTEN OFF WORK AND WAS GOING HOME. SHE ALSO ASKED IF I COULD FOLLOW HER HOME AT WHICH TIME I STATED NO. WHILE SPEAKING WITH HER SHE WAS NOT MAKING ANY EYE CONTACT WITH ME. WHILE STANDING BY THE DRIVER SIDE DOOR, I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I COULD TELL SHE WAS NERVOUS, HER SPEECH WAS SLURRED, AND SHE HAD GLASSY EYES. UPON CHECKING HER DRIVER'S LICENSE STATUS, SHE WAS IDENTIFIED AS THE DEFENDANT, AS MS KIMBERLY ANN KOLASA. THE DEFENDANT WAS ASKED TO EXIT THE VEHICLE. THE DEFENDANT AGAIN INFORMED ME SHE WAS ON HER WAY HOME AND ASKED ME ONCE AGAIN IF SHE COULD LEAVE AND IF I COULD FOLLOW HER HOME. I ADVISED THE DEFENDANT NO, I COULD NOT. I ASKED THE DEFENDANT IF SHE WOULD PERFORM SOME FIELD SOBRIETY TESTS AND IF SHE WOULD EXIT THE VEHICLE. PRIOR TO EXITING THE VEHICLE, THE DEFENDANT ADMITTED THAT SHE HAD FOUR BEERS AT LUNCH TIME, RIGHT BEFORE SHE GOT OFF WORK. SHE STATED THEY WERE FOUR BUDWEISERâS. I OBSERVED TWO EMPTY SIXTEEN-OUNCE NATTY DADDY BLUE BEER CANS WHICH WERE ON THE FLOORBOARD BEHIND THE DRIVER SEAT THAT WERE COLD TO THE TOUCH. ONE OF THE CANS WAS STILL APPROXIMATELY ONE QUARTER FULL. I OBSERVED A SMALL BLUE AND WHITE COOLER IN THE FRONT PASSENGER SEAT THAT HAD AN UNOPENED SIXTEEN-OUNCE CAN OF NATTY DADDY BEER WHICH WAS COLD TO THE TOUCH. AS THE DEFENDANT EXITED THE VEHICLE, I OBSERVED HER TO BE UNSTEADY ON HER FEET. THE DEFENDANT STATED SHE WOULD PERFORM THE FIELD SOBRIETY TASKS AS I REQUESTED. 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, HOWEVER, SHE ADVISED SHE HAD TITANIUM IN HER LEFT LEG FROM A HORSE RIDING ACCIDENT. THE DEFENDANT WAS ASKED IF SHE HAD BEEN TAKING ANY PRESCRIBED MEDICATIONS. SHE STATED THAT SHE TAKES FLEXURAL AND VICODIN AND HAD TAKEN THE MEDICATION TODAY. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. 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. THE DEFENDANT REFUSED TO CONTINUE WITH THE TASKS REQUESTED AND STARTED TO WALK BACK TOWARDS HER VEHICLE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTOMOTIVE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT COULD NOT DECIDE WHETHER SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT DID AGREE TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .315 AND .306. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0074-XEJ-1 WITH A MANDATORY COURT APPEARANCE OF 072315 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A1UQWZE, FOR FAIL TO DRIVE IN SINGLE LANE WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE VIDEO FROM THE IN CAR CAMERA WILL BE TURNED IN TO EVIDENCE. |
