| Probable cause affidavit: |
SUBMITTED BY: VALDES-ROIG, CARLOS 0520 (AR09112397) 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 121609 AT APPROXIMATELY 0010 HOURS, I OBSERVED A BLUE VAN COMING OUT OF A BACK ROAD LEADING TO EDEN DRIVE. I CONDUCTED A TRAFFIC STOP, APPROACHED THE DRIVER SIDE OF THE VEHICLE AND ADVISED THE DRIVER THAT THIS WAS NOT A ROAD FOR HER TO BE DRIVING ON. SHE ADVISED SHE JUST LEFT THE "IR4/RU" BAR AND WAS ON HER WAY HOME. SHE THEN MADE A RIGHT TURN ONTO EDEN DRIVE, HEADING TOWARD OLD FLORAL CITY ROAD. I FOLLOWED THE VEHICLE AND OBSERVED THE VEHICLE TURN LEFT ON TO OLD FLORAL CITY ROAD, HEADING TOWARD MOSSY OAK DRIVE. I OBSERVED THE VEHICLE'S DRIVING PATTERN AS BEING UNABLE TO MAINTAIN A SINGLE LANE. THE VEHICLE DRIFTED TO THE LEFT, DRIFTED TO THE RIGHT, AND ALL FOUR TIRES CROSSED THE CENTER LANE DIVIDER, AT WHICH TIME I AGAIN CONDUCTED A TRAFFIC STOP ON THE CORNER OF OLD FLORAL CITY ROAD AND HILLSIDE COURT. I MADE CONTACT WITH THE DRIVER/DEFENDANT, IDENTIFIED AS MS LEISHA OTTO, AGAIN AND REQUESTED THAT SHE STEP OUT OF HER VEHICLE And come to my patrol vehicle. she opened the driver door, exited her vehicle and had a hard time maintaIning her balance. she staggered and used her vehicle for support. i made contact with the driver/defendant between her vehiCle and my patrol VEHICLE, AT WHICH TIME I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH AND PERSON. SHE HAD BLOODSHOT EYES, SLURRED SPEECH AND SHE COULD NOT STAND WITHOUT SWAYING. I ASKED HER IF SHE HAD ANY TYPE OF MEDICAL CONDITION THAT WOULD ACCOUNT FOR HER PRESENT CONDITION, TO WHICH SHE STATED NO. I ADVISED HER THAT I SUSPECTED HER OF DRIVING UNDER THE INFLUENCE AND ASKED HER TO PERFORM A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HER ABILITY TO DRIVE A MOTOR VEHICLE. I ALSO ASKED THE DEFENDANT 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, 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. SHE FAILED TO FOLLOW THE INSTRUCTIONS NOT TO MOVE HER HEAD AND FOLLOW THE STIMULUS WITH HER EYES ONLY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, WAS UNABLE TO STAND ON THE LINE WITH HER RIGHT FOOT IN FRONT OF HER LEFT FOOT, USED HER ARMS FOR BALANCE, DID NOT TOUCH HEEL TO TOE ON THE FIRST NINE STEPS FORWARD, MADE AN INCORRECT TURN AND DID NOT TOUCH HEEL TO TOE ON THE RETURN NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT KEPT RAISING HER LEG PRIOR TO THE INSTRUCTIONS BEING COMPLETED. ONCE THE INSTRUCTIONS WERE COMPLETED, THE DEFENDANT RAISED HER LEFT LEG FOR APPROXIMATELY ONE SECOND, THEN PLACED IT BACK DOWN ON THE GROUND. AT THAT TIME, THE DEFENDANT STATED SHE WAS NOT SOBER AND COULD NOT PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED SHE DID NOT WANT TO DO ANY MORE TASKS. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPort to the citrus county detention FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE, PER THE DEFENDANT'S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4191-XDX2 WITH A MANDATORY COURT APPEARANCE ON 010710 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
