| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (12-62564) THE DEFENDANT 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 040312 AT APPROXIMATELY 0300 HOURS, WHILE RUNNING STATIONARY RADAR ON SOUTH SUNCOAST BOULEVARD IN FRONT OF BELL VILLA MOTEL IN HOMOSASSA, I OBSERVED A VEHICLE TRAVELING SOUTHBOUND IN THE NORTHBOUND LANE WITH AN INOPERABLE PASSENGER SIDE HEADLIGHT. I OBSERVED THE VEHICLE TURN INTO THE PARKING LOT OF JIMâS CLUB. I PULLED IN BEHIND THE VEHICLE AND INITIATED A TRAFFIC STOP. UPON WALKING UP TO THE VEHICLE AND ATTEMPTING TO MAKE CONTACT WITH THE DRIVER/DEFENDANT, MS LOIS JEAN NEWHOUSE, HER VEHICLE BEGAN TRAVELING FORWARD, AT WHICH TIME I YELLED AT HER AND STRUCK HER DOOR WITH MY HAND TO GET HER ATTENTION. SHE STOPPED HER VEHICLE AND OPENED HER DOOR. I HAD HER PUT THE VEHICLE IN PARK AND REMOVE THE KEYS FROM THE IGNITION. UPON HER OPENING THE DRIVER SIDE DOOR, I COULD SMELL AN EXTREMELY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I REQUESTED THAT MS NEWHOUSE PROVIDE HER DRIVERâS LICENSE. WHILE SPEAKING WITH MS NEWHOUSE, I OBSERVED THAT HER SPEECH WAS SLURRED AND HER EYES WERE GLASSY AND BLOODSHOT. I ASKED MS NEWHOUSE IF SHE WAS AWARE OF THE REASON WHY I HAD STOPPED HER. SHE POINTED TO THE TRAFFIC LIGHT AT SOUTH SUNCOAST BOULEVARD AND WEST HOMOSASSA TRAIL AND STATED SHE HAD RUN THE RED LIGHT. IT SHOULD BE NOTED THAT THE INTERSECTION MS NEWHOUSE POINTED TO WAS SOUTH OF THE LOCATION WHERE I HAD STOPPED HER AND SHE HAD NOT YET TRAVELED THROUGH THE INTERSECTION SHE WAS INDICATING. DUE TO MY BELIEF THAT MS NEWHOUSE WAS UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, I REQUESTED THAT SHE STEP FROM HER VEHICLE AND PERFORM A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HER LEVEL OF IMPAIRMENT, TO WHICH SHE AGREED. I ASKED MS NEWHOUSE 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 WAS NEAR-SIGHTED AND HAS A PROBLEM WITH THE SCIATIC NERVE IN HER BACK. WHILE SPEAKING WITH MS NEWHOUSE, PRIOR TO PRESENTING THE TASKS, SHE WAS SWAYING AND HAD TO LEAN ON HER VEHICLE TO MAINTAIN HER BALANCE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT MS NEWHOUSE HAD NO PROBLEMS WITH HER EYES. MS NEWHOUSE WAS UNABLE TO PERFORM THE TASK AS SHE MOVED HER HEAD TO FOLLOW THE PEN. THE TASK WAS ATTEMPTED SEVERAL TIMES, HOWEVER, SHE WAS UNABLE TO FOLLOW THE DIRECTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS NEWHOUSE. DURING THIS TASK, MS NEWHOUSE TOOK NO STEPS HEEL TO TOE; TOOK FIFTEEN STEPS THEN TURNED AROUND AND STATED SHE WAS DONE; STEPPED OFF THE LINE BY APPROXIMATELY TWO FEET, SEVERAL TIMES; USED ARMS FOR BALANCE; AND DID NOT COUNT ANY STEPS OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS NEWHOUSE. DURING THIS TASK, MS NEWHOUSE WAS UNABLE TO COMPLETE THE TASK. SHE WAS UNABLE TO RAISE HER FOOT WITHOUT NEARLY FALLING, AT WHICH TIME THE TASK WAS STOPPED FOR HER SAFETY. TASK FOUR, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS NEWHOUSE. DURING THIS TASK, MS NEWHOUSE DID NOT CLOSE HER EYES; BEGAN BEFORE BEING TOLD TO DO SO; AND TOUCHED HER THUMB TO THE TOP OF HER NOSE. AT THAT TIME, THE DIRECTIONS WAS EXPLAINED AGAIN. MS NEWHOUSE AGAIN TOUCHED HER THUMB TO THE BRIDGE OF HER NOSE. THE TASK WAS THEN STOPPED AS THE DEFENDANT WAS TOO INTOXICATED TO UNDERSTAND THE INSTRUCTIONS WHICH I HAD EXPLAINED TO HER. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE 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 TURNED OVER TO HER HUSBAND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .240 AND .245. 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 4380-XDX5, WITH A MANDATORY COURT APPEARANCE ON 041912 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7436-GQF8, FOR DRIVING ON THE WRONG SIDE OF A DIVIDED HIGHWAY, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 304199B, FOR FAULTY EQUIPMENT, INOPERABLE PASSENGER SIDE HEADLIGHT. |
