| Probable cause affidavit: |
SUBMITTED BY: ENTREKIN, LEE 0098 (AR09111183) 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. ON 092709, AT APPROXIMATELY 2123 HOURS, I RESPONDED TO WEST FISHBOWL DRIVE, IN REFERENCE TO A SINGLE VEHICLE CRASH. UPON ARRIVAL AT APPROXIMATELY 2145 HOURS I MADE CONTACT WITH CORPORAL CASOLA. HE ADVISED THAT UPON HIS ARRIVAL HE MADE CONTACT WITH BOTH THE DEFENDANT AND WITNESSES. THE WITNESSES DID STATE TO HIM THAT THE DEFENDANT WAS IN PHYSICAL CONTROL OF THE VEHICLE, AND THAT THEY DID NOT SEE THE CRASH BUT DID HEAR THE LOUD BANG. I DID SPEAK WITH ALL THREE WITNESSES WHICH DID STATE TO ME THEY DID COME OVER TO THE SCENE AFTER HEARING THE LOUD BANG. UPON THERE ARRIVAL ON TO THE SCENE THEY FOUND THE DEFENDANT STILL BEHIND THE WHEEL TRYING TO RUN OVER THE ELECTRICAL BOX THAT SHE HAD STRUCK. ALL THREE WITNESS STATEMENTS DID COLLABORATE. UPON FURTHER INVESTIGATION IT WAS FOUND THAT THE DEFENDANT HAD FIRST STRUCK THE FENCE WHICH SURROUNDS THE PROPERTY LOCATED AT THE ABOVE ADDRESS. I THEN MADE CONTACT WITH THE DEFENDANT; I ASKED HER WHAT HAD HAPPENED, TO WHICH SHE STATED SHE DID NOT KNOW. I THEN ASKED HER IF SHE REMEMBERED ANYTHING ABOUT THE CRASH, TO WHICH SHE ALSO SAID "NO". I THEN ASKED HER WHERE SHE LIVED AND SHE STATED "INVERNESS". I ASKED HER IF SHE KNEW WHERE SHE WAS, AND SHE SAID "YES - HOMOSASSA". AFTER COMPLETING MY CRASH INVESTIGATION IT WAS FOUND THAT THE DEFENDANT LOST CONTROL OF THE VEHICLE, FOR REASONS UNKNOWN, AND STRUCK THE WOODEN FENCE AND CONTINUED APPROXIMATELY 300 FEET. SHE THEN SPUN THE VEHICLE 180 DEGREES AND THEN TRAVELED FORWARD STRIKING THE ELECTRICAL TELEPHONE BOX CAUSING DAMAGE TO BOTH. THE DEFENDANT WAS FOUND AT FAULT OF THE CRASH (SEE CRASH REPORT). I THEN ADVISED THE DEFENDANT OF MY FINDINGS, AND TOLD THE DEFENDANT THAT I WAS DONE WITH THE CRASH INVESTIGATION AND WOULD BE SWITCHING OVER INTO A CRIMINAL INVESTIGATION FOR DUI, TO WHICH SHE STATED SHE UNDERSTOOD. WHILE SPEAKING WITH THE DEFENDANT I SMELLED A STRONG ODOR OF ALCOHOL EMITTING FROM HER BREATH. ALSO DURING THIS TIME THE DEFENDANT WAS VERY UNSTEADY ON HER FEET. I DID OBSERVE WHAT TYPE OF SHOES SHE WAS WEARING WHICH WERE FLAT BOTTOM SANDALS WITH LITTLE TO NO HEEL. I THEN ASKED THE DEFENDANT TO SUBMIT TO FIELD SOBRIETY TASKS TO WHICH SHE STATED SHE WOULD. I THEN WALKED THE DEFENDANT TO A LEVEL PAVED SURFACE, I ONCE AGAIN TOLD THE DEFENDANT THAT I WOULD BE CONDUCTING AN ARRAY OF TASKS AND THAT I WOULD FIRST DEMONSTRATE EACH TASK BEFORE ASKING HER TO DO THEM. SHE WAS ALSO INSTRUCTED NOT TO START ANY TASK BEFORE BEING TOLD TO DO SO. AT THAT TIME, I ASKED THE DEFENDANT IF HE 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 THE DEMONSTRATION THE DEFENDANT BEGAN THE TASK BEFORE BEING INSTRUCTED TO START. DURING THIS TASK, THE DEFENDANT DID NOT COUNT OUT LOUD, THE DEFENDANT FAILED TO WALK HEEL TO TOE, AND THE DEFENDANT WALKED OFF THE LINE SEVERAL TIMES. ALSO THE DEFENDANT DID NOT KEEP HER HANDS AT HER SIDE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT THE DEFENDANT DID START THE TASK PRIOR TO BEING INSTRUCTED TO DO SO. DURING THIS TASK, THE DEFENDANT FAILED TO RAISE HER FOOT; THE DEFENDANT ALSO ENDED HER COUNT AT SIX, BEFORE BEING TOLD TO STOP COUNTING. TASK FOUR, FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT THE DEFENDANT DID START PRIOR TO BEING TOLD TO DO SO. DURING THIS TASK, THE DEFENDANT BECAME VERY CONFUSED ON WHICH HAND TO USE BUT DID TOUCH FINGER TO NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED), AND PLACED IN THE REAR OF MY PATROL VEHICLE. 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. THE DEFENDANT STATED THAT SHE WOULD OR WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS AGAIN. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .165, .160 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 492570X2, WITH A MANDATORY COURT APPEARANCE OF 101909 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER4991FGW, FOR CARELESS DRIVING WITH A $151.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
