| Probable cause affidavit: |
SUBMITTED BY: WOOD, THOMAS FHP5318A (AR11122709) 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 091211, AT APPROXIMATELY 1052 HOURS, I WAS TRAVELING NORTH ON STATE ROAD 200 WHEN I WAS FLAGGED DOWN BY A CIVILIAN WHO ADVISED ME THAT THERE WAS A RED JEEP ON THE SIDE OF THE ROAD NORTH OF OUR LOCATION (STATE ROAD 200). HE STATED THE WOMAN DRIVING THE JEEP HAD FINALLY PULLED TO THE SIDE OF THE ROAD, BUT HAD BEEN DRIVING ALL OVER THE ROAD, AND THAT HE THOUGHT SHE WAS EITHER DRUNK OR HIGH. I TRAVELED NORTH ON STATE ROAD 200, AND IN THE AREA OF STATE ROAD 200 AND EAST DELIGHT STREET I OBSERVED A RED JEEP SUV BEARING FLORIDA TAG P879JX, SOUTHBOUND ON STATE ROAD 200. THE VEHICLE TRAVELED ACROSS THE CENTER LINE PARTIALLY IN MY LANE, AND THEN TRAVELED BACK INTO THE SOUTHBOUND LANE. I TURNED AROUND ON THE VEHICLE AND ATTEMPTED TO INITIATE A TRAFFIC STOP. THE VEHICLE CONTINUED SOUTHBOUND FOR APPROXIMATELY ONE HALF MILE AND CROSSED THE CENTER LANE TWO MORE TIMES AS I WAS BEHIND IT. THE VEHICLE ALMOST STRUCK THREE VEHICLES, CAUSING THEM TO HAVE TO TRAVEL ONTO THE SHOULDER OF THE ROAD TO AVOID A COLLISION. THE VEHICLE FINALLY PULLED TO THE WEST SHOULDER AND STOPPED BETWEEN EAST OLIVE LANE AND EAST CHAPPELL COURT. I MADE CONTACT WITH THE DRIVER/DEFENDANT AND OBTAINED HER VALID FLORIDA DRIVER'S LICENSE, WHICH IDENTIFIED HER AS MS KIMBERLY DIANE SWINGLE, DATE OF BIRTH 01/10/1978. WHEN I MADE CONTACT WITH THE DEFENDANT, I OBSERVED SHE HAD SLURRED SPEECH AND GLASSY EYES. I ASKED THE DEFENDANT IF SHE HAD HAD ANYTHING TO DRINK AND SHE STATED, NO, BUT THAT SHE WAS VERY TIRED. SHE STATED SHE HAD TAKEN A METHADONE PILL EARLIER IN THE MORNING, AND LATER STATED SHE ALSO TOOK XANAX FOR HER ANXIETY. I RETURNED TO MY VEHICLE AND RAN THE DEFENDANT'S INFORMATION THROUGH FCIC/NCIC. I THEN RETURNED BACK TO HER VEHICLE AND ASKED THE DEFENDANT IF SHE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASKS. SHE STATED SHE WOULD AND I TOLD HER I WOULD TRANSPORT HER TO EAST CHAPPELL COURT SO WE WOULD HAVE AN AREA TO PERFORM THE TASKS FREE OF TRAFFIC. SHE GOT INTO THE REAR OF MY PATROL VEHICLE AND I TRANSPORTED HER TO EAST CHAPPELL STREET WHERE FIELD SOBRIETY TASKS WERE PERFORMED. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY INJURIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, AND SHE STATED SHE HAD BACK AND KNEE PROBLEMS BUT THAT THEY DID NOT AFFECT HER BALANCE. 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. NO HGN WAS OBSERVED; HOWEVER, THE DEFENDANT'S PUPILS WERE CONSTRICTED AND SHE SWAYED FROM SIDE TO SIDE DURING THE ENTIRE HGN TASK. SHE ALMOST FELL ASLEEP AT ONE POINT DURING THE HGN. TASK TWO, ONE LEG STAND - THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HER LEFT FOOT, AND LIFTED BOTH ARMS STRAIGHT OUT TO HER SIDES FOR BALANCE AND SWAYED FROM SIDE TO SIDE. THE DEFENDANT PUT HER FOOT DOWN AT THE COUNT OF TWO, THREE, ONE, AND THEN TRIED TWO MORE TIMES, PUTTING HER FOOT DOWN AT THE COUNT OF TWO AND ALMOST FALLING OVER AND AGAIN PUTTING HER FOOT DOWN AT THE COUNT OF TWO AND ALMOST FALLING OVER. TASK THREE, WALK AND TURN - THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HER BALANCE DURING THE EXPLANATION. SHE HELD BOTH ARMS OUT TO HER SIDES FOR BALANCE. AS SHE DID THE EXERCISE SHE COUNTED 1001, 1002 ON THE FIRST NINE STEPS. SHE STEPPED OFF LINE ON STEPS THREE, FIVE AND NINE. SHE WAS UNABLE TO TURN CORRECTLY, AND DID NOT TOUCH HEEL TO TOE ON STEPS THREE, FIVE AND NINE. ON THE SECOND NINE STEPS, SHE STEPPED OFF THE LINE ON STEPS ONE, THREE, FIVE, SEVEN AND EIGHT, AND DID NOT TOUCH HEEL TO TOE ON STEPS THREE, FIVE AND SEVEN. AT APPROXIMATELY 1114 HOURS, I PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED BEHIND HER BACK (DOUBLE LOCKED) AND I PLACED HER IN THE REAR SEAT OF MY PATROL CAR. I ASKED THE DEFENDANT IF SHE WOULD BE WILLING TO SUBMIT TO A URINE TEST WHEN WE GOT TO THE JAIL, AND SHE SAID SHE WOULD. I TRANSPORTED THE DEFENDANT BACK TO HER CAR AND MADE CONTACT WITH HER MOTHER TO COME AND PICK UP THE VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE DID SUBMIT TO A URINE TEST. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 9509-SWX-4, FOR FAILURE TO DRIVE IN A SINGLE LANE, AND FLORIDA UNIFORM TRAFFIC CITATION 9510-CWX-8 FOR DUI (ACTUAL PHYSICAL CONTROL). THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. THIS DID OCCUR IN CITRUS COUNTY. FHP CASE NUMBER: FHPC11OFF079097 "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
