| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR13-5836) 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 052913, AT APPROXIMATELY 2350 HOURS, I WAS SOUTHBOUND ON SOUTH SUNCOAST BOULEVARD JUST SOUTH OF YULEE DRIVE IN HOMOSASSA. I OBSERVED ONE VEHICLE TRAVELING NORTHBOUND IN THE OUTSIDE NORTHBOUND LANE, TRAVELLING AT AN ESTIMATED SPEED OF 65 MILES PER HOUR IN A 55 MILES PER HOUR ZONE. I THEN RECEIVED A TARGET SPEED READ OUT OF 64 MILES PER HOUR IN THE TARGET WINDOW OF MY MPH PYTHON RADAR. I TURNED AROUND ON THE VEHICLE AND PULLED UP BEHIND IT WHILE IT WAS STILL TRAVELING IN THE OUTSIDE NORTHBOUND LANE. AS THE VEHICLE NEGOTIATED THE RIGHT CURB AT SOUTH SUNCOAST BOULEVARD AND YULEE DRIVE, THE VEHICLE DRIFTED INTO THE INSIDE LANE AND THEN BACK OVER INTO THE OUTSIDE LANE. I THEN ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP IN THE PARKING LOT OF THE SUB STATION LOCATED AT 4101 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA. I THEN MADE CONTACT WITH THE DEFENDANT/DRIVER, MS LISA ANN SHIPE, AND AS I APPROACHED THE VEHICLE SHE ROLLED DOWN HER WINDOW. I ASKED THE DEFENDANT FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, AT WHICH TIME I ADVISED HER OF WHY I HAD STOPPED HER. THE DEFENDANT HANDED ME HER DRIVER'S LICENSE AND STATED IN A HEAVILY SLURRED MANNER THAT SHE HAD A HARD TIME WITH THE CURB AND THAT SHE WAS JUST TRYING TO GET HOME. I COULD IMMEDIATELY DETECT A STRONG ODOR OF AN ALCOHOL BEVERAGE EMITTING FROM THE DEFENDANTâS BREATH. AFTER HANDING ME HER DRIVER'S LICENSE THE DEFENDANT JUST STARED BLANKLY AT ME. I ASKED HER AGAIN FOR HER REGISTRATION AND INSURANCE, TO WHICH SHE STATED THAT SHE COULD NOT LOCATE HER INSURANCE BUT TRIED TO TAKE BACK HER DRIVER'S LICENSE. I ASKED HER FOR HER REGISTRATION, WHICH SHE HAD IN HER RIGHT HAND AND AT THAT TIME SHE HANDED IT TO ME. I THEN WENT BACK TO MY VEHICLE AND WAITED FOR BACK UP TO ARRIVE, AT WHICH TIME DEPUTY MERRITT AND DEPUTY HRYC ARRIVED ON SCENE. I ASKED THE DEFENDANT TO STEP OUT OF HER VEHICLE AND STEP TO THE REAR OF HER VEHICLE, AT WHICH TIME I ASKED HER IF SHE HAD ANYTHING TO DRINK TONIGHT TO WHICH STATED âWELL YEAHâ. I ADVISED HER THAT I COULD SMELL ALCOHOL ON HER BREATH AND THAT SHE WAS SLURRING HER SPEECH. I ALSO ADVISED HER THAT SHE HAD DRIFTED OVER THE LANE DIVIDER LINES AND THAT BASED ON THAT I WOULD ASK HER TO PERFORM FIELD SOBRIETY TASKS TO WHICH SHE STATED THAT SHE WOULD. I THEN HAD THE DEFENDANT WALK OVER TO A SMOOTH AREA OF THE PARKING LOT WHERE THE PARKING LANE LINES WERE LOCATED. 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 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CROSSED HER FEET ON EVERY STEP AND DID NOT TOUCH HEEL TO TOE AND HAD A HARD TIME MAINTAINING HER BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HER RIGHT FOOT APPROXIMATELY SIX INCHES OFF THE GROUND AND COUNTED TO THE NUMBER 8 AND THEN REPEATED THE NUMBER 8. SHE THEN COUNTED TO 11 AND REPEATED THE NUMBER 11. SHE THEN STATED THAT IT WAS TOO HARD AND CONFUSING AND ASKED IF SHE COULD DO THE TASK AGAIN. I ADVISED THE DEFENDANT THAT SHE COULD TRY AGAIN, AT WHICH TIME SHE LIFTED HER FOOT AND COUNTED TO THE NUMBER 3 AND THEN REPEATED THE NUMBER 3 AND THEN COUNTED TO 4 SKIPPED NUMBER 5 AND COULD NOT COMPLETE THE REST OF THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD AND SHE ADVISED THAT SHE WOULD TALK TO ME. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD AND THE DEFENDANT DID NOT GIVE AN ANSWER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT WITH HER HUSBAND. 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 HER BREATH WITH THE TEST RESULTS BEING .233 AND .230. 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 7250XGAX, WITH A MANDATORY COURT APPEARANCE ON 061313 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 99037298, FOR 64 MILES PER HOUR IN A 55 MILES PER HOUR ZONE. |
