| Probable cause affidavit: |
submitted by: HOWARD, RUSSELL 0297 (AR13-6739) (13-105026) 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 080413 AT APPROXIMATELY 0151, I WAS DISPATCHED TO NORTH CITRUS SPRINGS BOULEVARD AT THE CROSS STREET OF NORTH MINOLLA WAY, IN REFERENCE TO A REQUEST FROM NATURE COAST EMERGENCY MEDIAL SERVICES (EMS), UNIT 126, WHO HAD LOCATED AN INTOXICATED FEMALE WALKING IN THE MIDDLE OF NORTH CITRUS SPRINGS BOULEVARD. I THEN RESPONDED TO THEIR LOCATION AND MADE CONTACT WITH EMS PERSONNEL AND THE DEFENDANT. THE DEFENDANT, LATER IDENTIFIED THROUGH HER FLORIDA DRIVERâS LICENSE AS, MS LAURA SMITH, HAD AN EXTREMELY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH, GLASSY BLOODSHOT EYES, EXTREME UNBALANCED POSTURE AND AN INABILITY TO WALK DUE TO THE LEVEL OF HER INTOXICATION. I THEN ATTEMPTED TO DETERMINE WHAT HAD OCCURRED AND WHY SHE WAS WALKING IN THE MIDDLE OF CITRUS SPRINGS BOULEVARD. SHE ADVISED SHE HAD BEEN UP AT THE SPARROWâS TAVERN IN CITRUS SPRINGS, APPROXIMATELY ONE HALF MILE DOWN THE ROAD, DRINKING AND THAT THEY DID NOT WANT HER DRIVING HER VEHICLE. SHE STATED THE VEHICLE WAS PARKED AT THE TAVERN. EMS ADVISED SHE DID HAVE MARKS ON HER FACE FROM FALLING WHILE WALKING BUT THAT SHE WAS MEDICALLY OKAY. SHE ADVISED PERSONS AT THE TAVERN HAD TAKEN HER KEYS, WHICH INCLUDED HER HOUSE KEYS AND THAT SHE ONLY LIVED AS SHORT DISTANCE AWAY. I THEN EXPLAINED TO HER WE WOULD GO THE TAVERN, GET HER HOUSE KEYS AND THAT I WOULD GIVE HER A RIDE HOME BUT SHE WOULD NOT BE ABLE TO DRIVE HER VEHICLE DUE TO HER CONDITION. I THEN TRANSPORTED THE DEFENDANT UP TO THE SPARROWâS TAVERN WHERE I DISCOVERED THE DEFENDANTâS 1997 CHEVROLET CAMARO WAS IN THE RETENTION POUND APPROXIMATELY 100 YARDS FROM THE PARKING LOT OF SPARROWâS TAVERN. AFTER A BRIEF INVESTIGATION IT REVEALED THAT THE DEFENDANT HAD EXITED THE PARKING LOT FROM SPARROWâS TAVERN AND DRIVEN DIRECTLY INTO THE RETENTION POND GETTING HER VEHICLE STUCK IN THE SOFT DIRT. THIS DEPUTY THEN CONTACTED A TOW COMPANY PER THE REQUEST OF THE DEFENDANT DUE TO THE FACT WE COULD NOT FIND HER CAR KEYS. A SHORT TIME LATER, ADVANCED TOWING RESPONDED TO OUR LOCATION AND TOWED THE DEFENDANTâS VEHICLE TO HER RESIDENCE LOCATE 9154 NORTH CLUBHOUSE BOULEVARD IN CITRUS SPRINGS. THIS DEPUTY THEN TRANSPORTED THE DEFENDANT TO HER RESIDENCE AND EXPLAINED TO HER NUMEROUS TIMES THAT IF SHE GOT BACK INTO HER VEHICLE AND ATTEMPTED TO DRIVE IN ANY MANNER, SHE WOULD BE ARRESTED FOR DRIVING UNDER THE INFLUENCE (DUI). SHE ADVISED SHE UNDERSTOOD AND SHE JUST PLANNED ON GOING TO BED. THIS DEPUTY THEN LOCATED THE CAR KEYS OF THE DEFENDANTâS VEHICLE OUT IN THE MIDDLE OF THE ROAD ON NORTH CLUBHOUSE BOULEVARD. HER CAR WAS SECURED IN THE DRIVEWAY AND SHE HAD RETURNED INTO THE RESIDENCE FOR THE NIGHT. THIS DEPUTY THEN PULLED APPROXIMATELY 100 YARDS DOWN THE STREET AND PULLED OF THE SIDE OFF THE ROAD. A SHORT TIME LATER, I OBSERVED THE DEFENDANT GET INTO HER VEHICLE AND THEN START THE ENGINE, TURN ON THE HEADLIGHTS AND THEN ALMOST BACKED INTO THE CENTER DIVIDER POST OF HER DRIVEWAY CARPORT. SHE THEN BEGAN TO PULL FORWARD AS IF SHE WAS GOING TO PULL ONTO NORTH CLUBHOUSE BOULEVARD. I THEN QUICKLY INTERVENED BY PERFORMING A TRAFFIC STOP IN HER DRIVEWAY AND CLUBHOUSE BOULEVARD. I THEN EXITED MY VEHICLE AND APPROACHED HER, AT WHICH TIME SHE WAS ATTEMPTING TO BACK UP AGAIN AND WAS BACKING TOWARD THE SAME CENTER POST SHE NEARLY HIT THE FIRST TIME. THIS DEPUTY THEN HAD HER SHUT THE VEHICLE OFF AND HAD HER EXIT THE DRIVE DOOR. THE DEFENDANT STILL APPEARED TO BE HEAVILY INTOXICATED, VERY UNSTEADY ON HER FEET, GLASSY BLOODSHOT EYES, WITH A HEAVY ODOR OF ALCOHOL EMANATING FROM HER PERSON. AFTER EXPLAINING TO HER WHAT WAS GOING TO TAKE PLACE, I HAD HER WALK A SHORT DISTANCE TO THE FRONT OF THE DRIVEWAY WHERE I ASKED HER IF SHE HAD ANY PHYSICAL DISABILITIES, WHICH SHE ADVISED NO. I THEN ASKED HER IF SHE HAD ANY PROBLEMS WITH HER EYES, TO WHICH SHE ADVISED SHE NORMALLY WEARS GLASSES BUT THEY ARE NOT REQUIRED FOR HER DRIVING. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN THE TASK; HOWEVER, DUE TO HER EXTREME UNBALANCE AND UNSTEADINESS ON HER FEET, THIS DEPUTY STOPPED HER TO PREVENT HER FROM HURTING HERSELF OR FALLING AGAINST THE PAVEMENT. AFTER A BRIEF CONVERSATION WITH THE DEFENDANT, SHE WAS PLACED UNDER ARREST, HANDCUFFED BEHIND HER BACK, PLACED IN THE REAR OF MY PATROL VEHICLE WHERE SHE WAS SEAT BELTED IN. A SHORT TIME LATER SHE WAS ADVISED OF HER MIRANDA FROM A PREPRINTED CARD. SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND DID NOT HAVE A PROBLEM SPEAKING WITH ME. SHE WAS THEN ADVISED OF HER IMPLIED CONSENT. INITIALLY SHE STATED SHE WOULD PROVIDE A BREATH SAMPLE IF I WOULD LET HER GO HOME. I AGAIN EXPLAINED HER IMPLIED CONSENT. A SHORT TIME LATER SHE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, SHE PROVIDED A BREATH SAMPLE, WITH THE RESULTS BEING .222 AND .219. SHE WAS THEN ISSUED DUI TRAFFIC CITATION NUMBER 7276XGA9, WITH A MANDATORY COURT APPEARANCE OF 082913 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE TRAFFIC STOP AND PARTIAL SOBRIETY TASKS WERE VIDEO TAPED BY IN-CAR VIDEO, WHICH WILL BE TURNED INTO EVIDENCE. |
