| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11121214) 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(1). ON 061211 AT APPROXIMATELY 1417 HOURS WHILE TRAVELLING SOUTH ON EAST BUSHNELL ROAD JUST NORTH OF DANIELS ROAD, I OBSERVED A BLACK SUV TRAVELLING NORTHBOUND AT WHAT APPEARED TO BE A HIGH RATE OF SPEED. THE SPEED ZONE IN THIS AREA IS 45 MILES PER HOUR (MPH). I THEN ACTIVATED THE FRONT ANTENNA OF MY DECATUR RADAR WHERE I PICKED UP THE TARGET VEHICLE AT 58 MILES PER HOUR WITH A CLEAR AUDIO DOPPLER TONE. AT THAT TIME, I TURNED AROUND AND INITIATED A TRAFFIC STOP ON THE DEFENDANT'S VEHICLE ON EAST BUSHNELL ROAD JUST NORTH OF DANIELS ROAD. I THEN APPROACHED THE DRIVER'S SIDE OF THE VEHICLE, AT WHICH TIME, THE DRIVER STATED TO ME THAT SHE WAS CALLING HER HUSBAND FOR A RIDE. I TOLD HER THAT, THAT WOULD NOT BE NECESSARY AT THIS TIME AND THAT I WOULD LIKE TO SEE HER DRIVER'S LICENSE AND REGISTRATION. SHE THEN HANDED ME HER REGISTRATION; HOWEVER, SHE STATED THAT SHE DID NOT HAVE A DRIVER'S LICENSE. I ASKED HER TO EXPLAIN WHAT SHE MEANT BY THIS, AT WHICH TIME, SHE STATED SHE LEFT IT AT HOME. DURING THIS TIME IT WAS HARD FOR ME TO UNDERSTAND HER SPEECH DUE TO THE FACT IT WAS VERY SLURRED AND SHE MOVED ABOUT IN THE DRIVER'S SEAT RESTLESSLY. I THEN OBTAINED HER NAME, MS LELA COONS, AND HER DATE-OF-BIRTH, AT WHICH TIME, I THEN RETURNED TO MY PATROL VEHICLE TO VALIDATE HER LICENSE STATUS. I THEN RAN THE DEFENDANT THROUGH "DAVID" SYSTEM WHICH REVEALED THAT HER LICENSE WAS IN FACT VALID. I DID CONTACT DEPUTY BRIGGS TO RESPOND TO THE SCENE TO OBSERVE MY TRAFFIC STOP. I THEN COMPLETED UNIFORM TRAFFIC CITATION (UTC) NUMBER 9333-GJX2, FOR UNLAWFUL SPEED, 58 MPH IN A 45 MPH SPEED ZONE, WITH A FINE AMOUNT OF $206.00 PAYABLE WITHIN 30 DAYS TO THE CLERK OF THE COURTS. I THEN ASKED MS COONS TO STEP OUT OF HER VEHICLE AND OUT OF THE TRAFFIC AREA OVER TO THE EDGE OF THE WOODS. AT THAT TIME, MS COONS BEGAN TO DEMONSTRATE HER OWN FIELD SOBRIETY TASKS. I ADVISED HER NOT TO DO THAT AT THIS TIME. THE AREA IN WHICH THIS TRAFFIC STOP WAS CONDUCTED WAS A VERY UNEVEN ROADWAY. AT THAT TIME, I EXPLAINED TO MS COONS SHE WAS COMPLETING HER SENTENCES INCOHERENTLY AND I COULD NOT UNDERSTAND HER. SHE STATED THAT IS OKAY MY HUSBAND IS COMING TO GET ME. I THEN ADVISED HER THAT WOULD NOT BE NECESSARY. AT THAT TIME, I BEGAN TO SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. I THEN ADVISED MS COONS THAT I WAS CONDUCTING A DRIVING UNDER INFLUENCE (DUI) INVESTIGATION OF HER AND ASKED IF SHE WOULD BE WILLING TO SUBMIT TO SOME FIELD SOBRIETY TASKS. AT THAT TIME, SHE STATED, "JUST TAKE ME TO JAIL." I THEN EXPLAINED TO HER THAT WE COULD RELOCATE TO A NEARBY PARKING LOT WHICH WAS MUCH MORE EVEN AND WOULD BE A BETTER AREA FOR CONDUCTING SOBRIETY TASKS. SHE THEN AGREED, AT WHICH TIME, HER VEHICLE WAS SECURED ON SIDE OF ROADWAY AND SHE STEPPED INTO MY PATROL VEHICLE AND TRANSPORTED TO 7790 EAST ORANGE AVENUE. THIS IS AN EMPTY OVERFLOW BOAT RAMP PARKING LOT THAT APPEARED TO BE LEVEL. AT THAT TIME, SHE EXITED MY PATROL VEHICLE. I ASKED MS COONS IF SHE WAS WILLING TO BEGIN HER SOBRIETY TASKS AND SHE STATED YES. AT THAT TIME, I 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 YES SHE HAD BEEN IN CAR ACCIDENT AND RECEIVED A HEAD INJURY AND HAS PREVIOUS LEFT LEG INJURY. SHE STATED THEY WERE OLD INJURIES AND THAT SHE WAS ABLE TO WALK. PRIOR TO HORIZONTAL GAZE NYSTAGMUS TASK, I DID NOTICE THE DEFENDANT WAS WEARING GLASSES. I ADVISED HER THAT SHE COULD WEAR THEM OR TAKE THEM OFF FOR THIS TASK. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID MOVE HER HEAD DURING THIS EXERCISE. PRIOR TO CONDUCTING WALK AND TURN TASK, I ADVISED THE DEFENDANT SHE COULD EITHER LEAVE HER SHOES ON OR TAKE THEM OFF FOR THIS TASK. IT WAS HER CHOICE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD MY INSTRUCTION. PRIOR TO THIS TASK, THE DEFENDANT ATTEMPTED TO START TASK BEFORE BEING INSTRUCTED. THE DEFENDANT COULD NOT KEEP ONE FOOT IN FRONT OF ANOTHER AND DID NOT TOUCH AT ANY TIME HEEL-TO-TOE. I ADVISED THE DEFENDANT THAT SHE COULD TRY THIS TASK AGAIN IF SHE WISHED, AT WHICH TIME, SHE DID. ON HER SECOND ATTEMPT, THE DEFENDANT DID NOT STEP HEEL-TO-TOE, TOOK TEN STEPS FORWARD AND EIGHT STEPS BACK, AGAIN NOT TOUCHING HEEL-TO-TOE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED THAT SHE UNDERSTOOD MY INSTRUCTION. DURING THIS TASK, THE DEFENDANT STOOD ON HER RIGHT LEG DUE TO HAVING A PREVIOUS INJURY ON HER LEFT LEG. THE DEFENDANT COUNTED 1001, 1002 AND AT THAT TIME CHANGED TO 37, 38 AND 39. I ALLOWED HER TO DO THIS TASK TWO MORE TIMES AND BOTH TIMES INSTRUCTED HER TO KEEP HER HANDS BY HER SIDE AND BOTH TIMES SHE DID NOT. TASK FOUR, ALPHABET: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD MY INSTRUCTION. DURING THIS TASK, THE DEFENDANT STATED SHE DID KNOW HER FULL ENGLISH ALPHABET AND BEGAN STATING LETTERS "A" THROUGH "P" CORRECTLY; HOWEVER, THEN STATED Z, Q, R, S, T, U, V, W, X, Y, AND Z. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR SUSPICION OF DUI. SHE WAS HANDCUFFED IN BACK, DOUBLE LOCKED AND PLACED IN MY PATROL CAR. SHE WAS THEN READ HER MIRANDA WARNINGS AND IMPLIED CONSENT VIA PRE PRINTED CARD. I THEN ASKED HER IF SHE WOULD BE WILLING TO SUBMIT TO A TEST OF HER BREATH, AT WHICH TIME, SHE SAID YES. SHE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS TURNED OVER TO BREATH TEST OPERATORS MICHELLE CZECHOWSHE AND JENNIFER BUSSEY. BREATH TEST OPERATORS CZECHOWSHE AND BUSSEY ADVISED ME THAT THE DEFENDANT DID BLOW. ON THE FIRST ATTEMPT THE RESULTS WAS 0.169 AND ON THE SECOND ATTEMPT THE RESULTS WAS 0.176. THEY BOTH ADVISED THAT DURING THE DEFENDANT'S FIELD SOBRIETY TASKS SHE PERFORMED VERY POORLY. THEY DID PROVIDE ME WITH THEIR SOBRIETY TASKS DOCUMENTS, WHICH WILL BE TURNED IN TO RECORDS. THEY ALSO ADVISED ME THAT THE DEFENDANT ADVISED THEM THAT SHE SMOKED POT APPROXIMATELY THREE DAYS AGO AND WAS DRINKING MARTINIS FOR LUNCH TODAY. 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, NUMBER 4741-XDXX, WITH A MANDATORY COURT APPEARANCE OF 063011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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* |
