| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR15-15676) 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. ON 071015, AT 0202 HOURS, DEPUTY SUNDBERG (1268) CONDUCTED A TRAFFIC STOP AT 59 SE HIGHWAY 19 IN CRYSTAL RIVER. DURING HIS INVESTIGATION, HE BELIEVED THAT THE FEMALE DRIVER WAS POSSIBLY UNDER THE INFLUENCE OF ALCOHOL AND REQUESTED THAT I RESPOND TO THE SCENE IN ORDER TO CONDUCT A DUI (DRIVING UNDER THE INFLUENCE) INVESTIGATION. UPON ARRIVAL, MY IN CAR VIDEO SYSTEM WAS INOPERABLE SO A VIDEO OF THE FIELD SOBRIETY TASKS IS UNAVAILABLE. AFTER INTRODUCING MYSELF, I REQUESTED THAT THE FEMALE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MS KYLIE MARSHALL, PROCEED TO THE PARKING LOT TO A LOCATION THAT WAS LEVEL AND FREE AND CLEAR OF ALL DEBRIS. AT THAT TIME, I PROCEEDED WITH THE FIELD SOBRIETY TASKS. I ASKED THE DEFENDANT IF SHE HAD ANY PHYSICAL DISABILITIES OR TOOK ANY MEDICATION THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE DID NOT. 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 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. IT SHOULD BE NOTED THAT PRIOR TO REQUESTING THAT THE DEFENDANT PARTICIPATE IN A WALK AND TURN AND BALANCE TEST, IT WAS NOTED THAT SHE WAS WEARING BLACK FLIP FLOP STYLE SANDALS. I ASKED THE DEFENDANT IF SHE WAS COMFORTABLE WEARING THOSE TYPE OF SHOES ON HER FEET WHILE SHE PERFORMED THE TASKS. THE DEFENDANT STATED THAT SHE WEARS THEM ALL THE TIME AND SHE WOULD HAVE NO PROBLEM COMPLETING THE TASKS I REQUESTED WHILE WEARING HER FLIP FLOP STYLE SANDALS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, WHERE I REQUESTED THAT SHE TAKE NINE STEPS FORWARD AND NINE STEPS BACK. THE DEFENDANT WAS UNABLE TO COMPLETE THE TASK. SHE TOOK TEN STEPS FORWARD AND WAS UNABLE TO KEEP HER BALANCE AND STAY ON A STEADY LINE. AFTER TURNING ON A PIVOT, SHE DID NOT CONTINUE THE STEPS BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, WHERE I REQUESTED THAT SHE STAND ON ONE LEG AS LONG AS SHE COULD UP TO THE COUNT OF 30. DURING THIS TASK, THE DEFENDANT MADE FOUR ATTEMPTS, WHERE SHE ONLY WENT UP TO THE COUNT OF THREE EACH TIME. AT THAT TIME, THE DEFENDANT WAS ADVISED THAT SHE WAS BEING PLACED UNDER ARREST FOR THE SUSPICION OF DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THAT LOCATION. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO THE DETENTION FACILITY STAFF, 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: .184 AND .204. 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, CITATION NUMBER 4520XDXX, WITH A MANDATORY COURT APPEARANCE ON 072315, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. DEPUTY SUNDBERG ALSO ISSUED THE DEFENDANT A WRITTEN WARNING FOR UNLAWFUL SPEED. |
