| Probable cause affidavit: |
SUBMITTED BY: CRAMER, TIMOTHY 2628 (AR12-3221) THE DEFENDANT 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) AND THE DEFENDANT DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: BARBED WIRE FENCE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON 102112 AT APPROXIMATELY 0106 HOURS, I WAS DISPATCHED TO A VEHICLE CRASH AT WEST MASSACHUSETTS STREET AND NORTH JILL AVENUE IN HERNANDO. UPON ARRIVAL, I SPOKE WITH DEPUTY L CANFIELD WHO OBTAINED THE DRIVER AND PASSENGER INFORMATION. I THEN SPOKE WITH THE DRIVER OF THE VEHICLE, MS KIMBERLY MOYER. SHE STATED SHE DID NOT MAKE THE TURN AND TRAVELED INTO THE FENCE. AS I SPOKE TO MS MOYER, I SMELLED ALCOHOL COMING FROM HER BREATH. AT 0128 HOURS, I ADVISED MS MOYER THAT I WAS THROUGH WITH THE CRASH INVESTIGATION AND WAS BEING A CRIMINAL INVESTIGATION, REFERENCE DRIVING UNDER THE INFLUENCE (DUI.) AT 0130 HOURS, I READ MS MOYER HER MIRANDA WARNINGS, TO WHICH SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND WAS WILLING TO SPEAK WITH ME. SHE AGAIN ADVISED SHE WAS DRIVING THE VEHICLE AND SIMPLY DID NOT TURN IN TIME WHICH RESULTED IN HER CRASHING THE VEHICLE. BY THEN, I ASKED HER TO PERFORM A SERIES OF FIELD SOBRIETY TASKS WHICH SHE AGREED TO DO. I ASKED MS MOYER IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED SHE DID NOT. TASK ONE AT 0132 HOURS, HORIZONTAL GAZE NYSTAGMUS. INITIALLY, SHE STATED SHE UNDERSTOOD THE TASK BUT CONTINUED TO STARE STRAIGHT AHEAD INSTEAD OF FOLLOWING THE TIP OF THE PEN WITH HER EYES. I HAD TO EXPLAIN TO HER AGAIN BEFORE SHE UNDERSTOOD THE INSTRUCTIONS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED SHE HAD NO PROBLEMS WITH HER EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO AT 0134 HOURS, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS MOYER. DURING THIS TASK, MS MOYER STARTED BEFORE THE INSTRUCTIONS WERE COMPLETED. ON THE FIRST NINE STEPS, SHE STEPPED OFF THE LINE AT STEP FOUR AND STEP NINE. ON THE RETURN NINE STEPS, SHE STEPPED OFF THE LINE AT STEP FOUR AND DID NOT TOUCH HEEL TO TOE ON STEP NINE. DURING THE TASK, MS MOYER USED HER ARMS FOR BALANCE. TASK THREE AT 0138 HOURS, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS MOYER. DURING THIS TASK, MS MOYER PUT HER FOOT DOWN AT COUNTS FIVE, SIX AND ELEVEN AND USED HER ARMS FOR BALANCE. BASED ON MS MOYER’S POOR PERFORMANCE DURING THE TASKS, I SUSPECTED SHE WAS UNDER THE INFLUENCE AND PLACED HER UNDER ARREST AT 0140 HOURS. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. MS MOYER STATED SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY’S TOWING. WHILE WAITING FOR THE TOW TRUCK TO TAKE POSSESSION OF THE VEHICLE, THE DEFENDANT KICKED THE REAR PARTITION OF MY PATROL VEHICLE. I WAS FORCED TO HOBBLE RESTRAIN HER FEET AND WHILE APPLYING THE HOBBLE, THE DEFENDANT KICKED ME IN THE THIGH. SHE WAS THEN PLACED ON THE GROUND FORCEFULLY IN ORDER TO PUT ON THE HOBBLE TO PREVENT HER FROM HARMING HERSELF OR ME. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THE DEFENDANT BECAME COMBATIVE AGAIN AND WAS NOT REMOVED FROM THE CELL TO SUBMIT TO THE APPROVED TEST OF HER BREATH, RESULTING IN A REFUSAL. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. SHE WAS ALSO CHARGED WITH DUI WITH PROPERTY DAMAGE, WITH ANOTHER $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 167851J, WITH A MANDATORY COURT APPEARANCE ON 110812 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 3887-FLE5, FOR DUI WITH PROPERTY DAMAGE. |
