| Probable cause affidavit: |
SUBMITTED BY: ULRICH, BRANDON N707 (AR16-20133) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HER normal faculties were impaired, AND HAS A BLOOD ALCOHOL LEVEL OF .08 OR MORE GRAMS OF ALCOHOL PER 210 LITERS OF BREATH, in violation of Florida Statute 327.35(1)(C). ON JULY 3, 2016 I WAS ON WATER PATROL IN CRYSTAL RIVER. WEATHER CONDITIONS WERE CLEAR AND CALM WITH LIGHT WIND. AT APPROXIMATELY 1830 HOURS, I OBSERVED A PWC, BEARING REGISTRATION FL1531PR, WITH NO BOATING SAFETY DECAL OPERATING IN THE MANATEE SLOW SPEED BUFFER ZONE NEAR SALT RIVER INTERSECTION. I OBSERVED A WHITE FEMALE, LATER IDENTIFIED AS LISA D. WENZEL (W524524615020) OPERATING THE PWC AS IT APPROACHED MY LOCATION. I OBSERVED WENZEL APPROACH ANOTHER VESSEL AND HIT THE THROTTLE WITH WHAT APPEARED TO BE AN ATTEMPT TO SPRAY WATER ON THE OCCUPANTS. WENZEL WAS OPERATING THE PWC ON A FULL PLANE FOR A SHORT PERIOD OF TIME WHILE SHOUTING AND CURSING AT THE OTHER VESSEL. I ACTIVATED MY EMERGENCY LIGHTS IN AN ATTEMPT TO ADDRESS THE MANATEE SLOW SPEED ZONE VIOLATION AND CONDUCT A BOATING SAFETY INSPECTION. I MADE CONTACT WITH THE OPERATOR WENZEL AND ADVISED HER THAT I WOULD BE CONDUCTING A BOATING SAFETY INSPECTION. I ADVISED WENZEL THAT IT IS A VIOLATION TO OPERATE A VESSEL ON A PLANE IN THE SLOW SPEED ZONE. WENZEL STATED, ââTHOSE GUYS ON THAT BOAT ARE ASSHOLES AND I FLASHED THEMââ. I IMMEDIATELY NOTICED HER SPEECH TO BE SLURRED. I ADVISED WENZEL THAT I WOULD NEED TO SEE VESSEL CERTIFICATE OF REGISTRATION, SOUND PRODUCING DEVICE, AND FIRE EXTINGUISHER. WENZEL SEEMED CONFUSED AND DID NOT RESPOND, SO I REPEATED THE THINGS I WOULD NEED TO SEE FOR THE BOATING SAFETY INSPECTION. WHILE WENZEL WAS RETRIEVING THE VESSEL CERTIFICATE OF REGISTRATION I OBSERVED HER FIDGETING WITH HIS FINGERTIPS AS SHE TRIED TO GRASP THE REGISTRATION. AS WENZEL LEANED CLOSE TO MY LOCATION (APPROXIMATELY ONE FOOT) TO HAND ME THE REGISTRATION, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER PERSON. I ALSO NOTICED HER EYES TO BE BLOODSHOT. AS WENZEL OPENED THE FRONT STORAGE COMPARTMENT I OBSERVED HER HAVING A HARD TIME TRYING TO GRASP THE LATCH TO OPEN IT. ONCE THE COMPARTMENT WAS OPEN WENZEL POINTED INSIDE AND SAID THERE IS THE FIRE EXTINGUISHER, BUT DID NOT RETRIEVE IT. I RETRIEVED THE FIRE EXTINGUISHER FROM WITHIN. WENZEL THEN STOPPED ATTEMPTING TO LOCATE BOATING SAFETY GEAR AND LOOKED AT ME AS IF SHE WAS COMPLETE. I ADVISED WENZEL THAT I WOULD NEED TO SEE A SOUND PRODUCING DEVICE AS INDICATED IN THE INSTRUCTIONS. WENZEL WAS UNABLE TO LOCATE A SOUND PRODUCING DEVICE, BUT I OBSERVED ONE ON THE LANYARD OF THE LIFE JACKET SHE WAS WEARING. AT THIS POINT, I ADVISED WENZEL THAT I SUSPECTED HER OF OPERATING A VESSEL WHILE IMPAIRED AND I ASKED HER IF SHE WOULD SUBMIT TO FIELD SOBRIETY TASKS SO I COULD DETERMINE IF SHE WAS ABLE TO CONTINUE OPERATING THE VESSEL. WENZEL STATED THAT SHE WOULD PERFORM FIELD SOBRIETY TASKS. WENZEL ALSO STATED THAT SHE HAD BEEN OUT SINCE NOON, DRANK TWO BEERS AND HAD NOT HAD A CHANCE TO GET A GOOD BUZZ GOING YET. WENZEL STATED THAT SHE COULD DO CARTWHEELS IF I ASKED HER TO DO SO. I ASKED WENZEL TO BOARD MY VESSEL TO COMPLETE THE SEATED FIELD SOBRIETY TASKS. AS WENZEL BOARDED MY VESSEL SHE SEEMED UNSTEADY ON HER FEET DESPITE THE CALM CONDITIONS. I ADVISED WENZEL TO TAKE A SEATED POSITION ON THE SEAT DIRECTLY IN FRONT OF THE CENTER CONSOLE OF MY VESSEL TO PROVIDE HER A STABLE OPPORTUNITY TO COMPLETE THE TASKS. WENZEL THEN TOOK A SEAT ON THE FRONT DECK OF ME VESSEL CONTRARY TO THE INSTRUCTION. I THEN ADVISED WENZEL TO TAKE A SEAT DIRECTLY IN FRONT OF THE CENTER CONSOLE. PRIOR TO BEGINNING, I ASKED WENZEL IF SHE WAS IN A COMFORTABLE, STABLE, SEATED POSITION TO WHICH SHE STATED âYESâ. AT THIS POINT I CONDUCTED THE FOLLOWING FIELD SOBRIETY TASKS. THE TASKS WERE BOTH READ ALOUD FROM A FIELD SOBRIETY TASK PERFORMANCE REPORT AND DEMONSTRATED FOR WENZEL. I DOCUMENTED THE FOLLOWING INDICATORS OF IMPAIRMENT. HORIZONTAL GAZE NYSTAGMUS THE TASK WAS READ ALOUD FROM A FIELD SOBRIETY TASK PERFORMANCE REPORT AND DEMONSTRATED FOR WENZEL. LACK OF SMOOTH PURSUIT IN BOTH LEFT AND RIGHT EYE. DISTINCT & SUSTAINED NYSTAGMUS IN BOTH LEFT AND RIGHT EYE. ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN BOTH LEFT AND RIGHT EYE. FINGER TO NOSE THE TASK WAS READ ALOUD FROM A FIELD SOBRIETY TASK PERFORMANCE REPORT AND DEMONSTRATED FOR WENZEL. DID NOT TILT HEAD BACK TO BEGIN THE TASK. DID NOT CLOSE EYES TO BEGIN THE TASK. OPENED EYES DURING THE TASK. HESITATED ON EVERY ATTEMPT. SEARCHED ON EVERY ATTEMPT. DID NOT USE FINGERTIP ON EVERY ATTEMPT. MISSED NOSE ON EVERY ATTEMPT. DID NOT BRING HIS HAND BACK DOWN TO HIS SIDE ON THE FIRST, SECOND AND THIRD ATTEMPT. PALM PAT THE TASK WAS READ ALOUD FROM A FIELD SOBRIETY TASK PERFORMANCE REPORT AND DEMONSTRATED FOR WENZEL. STARTED THE TASK BEFORE BEING INSTRUCTED TO BEGIN. DID NOT COUNT OUT LOUD AS INSTRUCTED. ROLLED HIS HANDS THROUGHOUT TASK. DID NOT INCREASE SPEED THROUGHOUT THE TASK. AT THIS POINT I RELOCATED WENZEL TO THE BUFFER BOAT RAMP APPROXIMATELY 200 YARDS AWAY TO COMPLETE THE FOLLOWING TWO TASKS. WALK AND TURN THE TASK WAS READ ALOUD FROM A FIELD SOBRIETY TASK PERFORMANCE REPORT AND DEMONSTRATED FOR WENZEL. LOST BALANCE DURING INSTRUCTIONS AND DISPLAYED ORBITAL SWAYING. USED ARMS TO BALANCE THROUGHOUT ENTIRE TASK. PERFORMED IMPROPER TURN. WENZEL STATED, âI THINK IâM SUPPOSED TO DO THISâ WHILE ATTEMPTING THE TURN. PERFORMED 10 STEPS INSTEAD OF 9 CONTRARY TO INSTRUCTION. ONE LEG STAND THE TASK WAS READ ALOUD FROM A FIELD SOBRIETY TASK PERFORMANCE REPORT AND DEMONSTRATED FOR WENZEL. DISPLAYED ORBITAL SWAYING DURING INSTRUCTION. USED ARMS TO BALANCE ON 11, 12 AND 13 SECOND MARKS. PUTS FOOT DOWN AT THE 21 SECOND MARK AND DID NOT ATTEMPT TO PUT IT BACK UP. AT APPROXIMATELY 1858HRS, BASED ON MY PROBABLE CAUSE, I ADVISED WENZEL THAT SHE WAS UNDER ARREST FOR OPERATING A VESSEL WHILE IMPAIRED. WENZEL WAS HANDCUFFED AND DOUBLE LOCKED. FWC OFFICER SWAIN SEILER TRANSPORTED WENZEL TO THE CITRUS COUNTY DETENTION FACILITY. THE VESSEL WAS TURNED OVER TO WENZELâS HUSBAND, HAROLD WENZEL, THE REGISTERED OWNER. UPON ARRIVAL TO CITRUS COUNTY DETENTION FACILITY, WENZEL WAS READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO AN APPROVED TEST OF HER BREATH TO DETERMINE HER BREATH ALCOHOL CONTENT. WENZEL CONSENTED TO THE BREATH TEST WITH THE RESULTS BEING .105 AND .111 BAC. AT THIS POINT, WENZEL WAS ISSUED THE FOLLOWING CITATIONS. CITATION (V479942) FSS 327.35(1)(C)FOR OPERATING A VESSEL WITH AN UNLAWFUL BREATH ALCOHOL LEVEL OF .08 OR HIGHER. CITATION (V479943) 68C-22.011(1)(B)(3)(B) VIOLATION MANATEE SLOW SPEED ZONE AND ADVISED TO PAY $90.00 WITHIN 30 DAYS TO CITRUS COUNTY CLERK OF COURT. WENZEL WAS ALSO ISSUED A BOATING SAFETY DECAL. |
