| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR12-3757) 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 \tdid, knowing HER driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(B) ON 120812, AT APPROXIMATELY 02010 HOURS, WHILE CONDUCTING A SECURITY CHECK ON THE AREA OF NORTH FLORIDA AVENUE AND EAST KATHY ROAD, I OBSERVED A WHITE IN COLOR, FORD PICKUP TRUCK, BEARING FLORIDA LICENSE PLATE NUMBER M029UK, WHICH WAS FOLLOWING ANOTHER VEHICLE, HEADING NORTHBOUND ON NORTH FLORIDA AVENUE. I THEN OBSERVED THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, TO BEGIN FLASHING HER HIGH BEAM LIGHTS AT THE OTHER VEHICLE IN FRONT OF HER. BOTH VEHICLES PULLED OVER TO THE SHOULDER OF THE ROAD. I THEN PULLED UP BEHIND THE VEHICLES, AND OBSERVED THE DEFENDANT TO EXIT OUT THE PASSENGERâS SIDE DOOR OF HER VEHICLE, AND BEGIN TO STAGGER AND STUMBLE ABOUT, CATCHING HER BALANCE ON THE DOOR OF THE VEHICLE. I THEN APPROACHED THE DEFENDANT, TO INQUIRE ABOUT HER REASON FOR PULLING OVER. I DID SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS PERSON. I ASKED THE DEFENDANT WHAT WAS GOING ON, AND SHE JUST BEGAN TO STARE, AS IF SHE WAS DAYDREAMING. I THEN HAD TO ASK THE DEFENDANT AGAIN, FOR HER PURPOSE IN PULLING HER VEHICLE OVER, AND SHE ADVISED, WITH SLURRED AND SLOW SPEECH, THAT SHE WAS NOT DRIVING. I THEN ADVISED THE DEFENDANT THAT I HAD OBSERVED HER TO BE DRIVING THE VEHICLE WHILE IT WAS IN MOTION, AND HEAD SEEN HER EXIT THE VEHICLE. SHE STILL DENIED DRIVING. I THEN ASKED FOR HER DRIVER'S LICENSE, AND SHE AGAIN, WITH A BLANK STARE, FAILED TO ANSWER MY QUESTION. SHE WAS PLACED IN THE REAR OF MY PATROL VEHICLE, AND I LOCATED THE DEFENDANTâS PURSE, WHICH WAS LOCATED NEAR THE DRIVERâS SIDE OF THE VEHICLE, AND FOUND, INSIDE, HER FLORIDA IDENTIFICATION CARD. AN FCIC/NCIC SEARCH OF THE DEFENDANT WAS COMPLETED, AND IT WAS FOUND THAT THE DEFENDANTâS DRIVER'S LICENSE HAD BEEN SUSPENDED IN 1998 FOR DRIVING UNDER THE INFLUENCE, AND HAD AGAIN BEEN SUSPENDED, FOR A CONTROLLED SUBSTANCE VIOLATION, IN 2004. THE DEFENDANT WAS READ HIS/HER MIRANDA WARNINGS VIA CARD, AND SHE ADVISED THAT SHE UNDERSTOOD AND WISHED TO SPEAK WITH ME. I ASKED HER WHERE SHE WAS COMING FROM , TO WHICH SHE ADVISED THAT SHE WAS COMING FROM T-BACKS BAR. SHE WAS ASKED HOW MANY DRINKS SHE HAD HAD AT THE BAR, AND SHE STATED THAT SHE COULD NOT REMEMBER. I ASKED THE DEFENDANT WHY SHE WAS DRIVING, AND SHE ADVISED THAT SHE HAD BEEN FOLLOWING A FRIEND TO HER FRIENDâS RESIDENCE. SHE THEN ASKED ME IF I COULD GET HER SANDALS FROM THE TRUCK, BEFORE I, âTOOK HER TO JAIL.â I THEN WENT TO LOOK FOR THE SANDALS, FINDING THEM DIRECTLY UNDERNEATH THE BRAKE AND GAS PEDALS OF THE TRUCK. I THEN REMOVED THE DEFENDANT FROM THE REAR OF MY PATROL VEHICLE, AND ASKED HER IF SHE WOULD LIKE TO CONDUCT FIELD SOBRIETY TESTING, TO JUDGE HER LEVEL OF IMPAIRMENT. THE DEFENDANT DENIED ALL TESTS, AND SHE WAS THEN PLACED UNDER ARREST. SHE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HER BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE, PER HER REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING 0.246 AND 0.240. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING UNDER THE INFLUENCE, AND WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED, SECOND OFFENSE, WITH A $11,000.00, BOND SET PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8976GQF2, WITH A MANDATORY COURT APPEARANCE ON 010313 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. |
