| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR09109257) did then and there unlawfully have in HER actual or constructive possession OF a certain habit-forming, toxic, harmful, new or legend drug subject to Section 499.003, Florida Statutes, to-wit: VICODIN, without having obtained said drug by a valid prescription, in violation of Florida Statute 499.03(1); DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WITHIN THE STATE OF FLORIDA WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, ANY CHEMICAL SUBSTANCE SET FORTH IN STATUTE 877.111, OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893, WHEN EFFECTED TO THE EXTENT THAT HER NO HER NORMAL FACULTIES WERE IMPAIRED, OR WITH A BLOOD OR BREATH ALCOHOL LEVEL OF 0.08 % OR HIGHER, TO WIT: 0.02 OR ABOVE, AND HAVING PREVIOUSLY BEEN CONVICTED OF THE OFFENSE DRIVING UNDER THE INFLUENCE ON 012606, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 052709, I WAS STANDING IN THE PARKING LOT OF WALGREENS WHEN I OBSERVED A BLACK CADILLAC TRAVELING SOUTH ON US HIGHWAY 19, WHICH DID NOT HAVE OPERABLE HEADLIGHTS OR TAILLIGHTS. I GOT INTO MY PATROL VEHICLE AND WAS CATCHING UP TO SAID VEHICLE, WHEN I OBSERVED THE VEHICLE CROSS THE LANE OF TRAFFIC TWICE. I THEN NOTICED THE BLACK CADILLAC SWERVE INTO THE RIGHT LANE. SHE CONTINUED THROUGH THE INTERSECTION IN THE RIGHT LANE AT HIGHWAY 19 AND FORT ISLAND TRAIL WHICH ENDED AND MERGED TO THE LEFT. HOWEVER, THE DRIVER OF THE BLACK CADILLAC CONTINUED TO DRIVE OFF THE ROAD AND INTO THE GRASS. AS SHE WAS DOING THIS, I ACTIVATED MY EMERGENCY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP ON SAID VEHICLE BEARING FLORIDA REGISTRATION 126IYW, PULL OVER ONTO HIGHWAY 19 IN FRONT OF REGIONS BANK. AS I STARTED TO EXIT MY PATROL VEHICLE, THE DRIVER/DEFENDANT STARTED GOING FORWARD AGAIN IN HER VEHICLE. SHE WENT APPROXIMATELY FIVE MORE FEET AND CAME TO A STOP. I THEN APPROACHED AND ASKED THE DRIVER/DEFENDANT FOR HER DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE. THE DRIVER WAS ABLE TO PRODUCE A FLORIDA REGISTRATION BUT REPEATEDLY KEPT LOOKING FOR HER WALLET AND DRIVERS LICENSE. AS I WAS WAITING AND HAVING THE DEFENDANT LOOK FOR HER LICENSE, I DID DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER PERSON, AND NOTICED THAT HER EYES WERE EXTREMELY BLOOD SHOT AND GLASSY. SHE WAS ALSO HAVING A HARD TIME STANDING, AND HER MOVEMENTS WERE EXTREMELY SLOW. I ASKED THE DEFENDANT IF HER NAME WAS LOUISE WHICH I OBTAINED FROM HER VEHICLE REGISTRATION, TO WHICH SHE ADVISED IT WAS. I ASKED HER TO EXIT THE VEHICLE TO PERFORM FIELD SOBRIETY TASKS, AND WHEN SHE EXITED HER VEHICLE, I NOTICED THAT SHE WAS VERY UNSTEADY ON HER FEET. I HAD HER WALK BACK IN FRONT OF MY PATROL VEHICLE SO THAT I COULD VIDEO TAPE THE FIELD SOBRIETY TASKS. I ASKED THE DEFENDANT IF SHE HAD ANY PROBLEMS WITH HER EYES, AND SHE STATED NO. I ASKED HER IF SHE HAD ANY PROBLEMS WITH HER LEGS OR FEET, AND SHE STATED NO. 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, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE DEFENDANT'S FIRST ATTEMPT, SHE SWAYED BACK AND FORTH, AND DID NOT KEEP HER EYES CLOSED, AND DID NOT SAY THE ALPHABET IN A NON RHYTHMIC MANNER. SHE ATTEMPTED THIS TASK TWICE AND DID NOT FOLLOW THE DIRECTIONS OF SAID TASK. TASK THREE, ONE LEGGED STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ATTEMPTED THE TASK SEVERAL TIMES, AND COULD NOT GET PAST THE COUNT OF THREE. THE DEFENDANT LOST HER BALANCE, PUT HER FOOT DOWN, AND SHE STUMBLED TO THE POINT WHERE DEPUTY PINNER HAD TO STEP IN TO MAKE SURE THAT SHE DID NOT FALL. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WOULD NOT STAND ON THE WHITE LINE, KEPT LOSING HER BALANCE. AFTER TRYING TO EXPLAIN IT SEVERAL TIMES TO THE DEFENDANT, SHE FINALLY STATED TO TAKE HER TO JAIL BECAUSE SHE COULD NOT DO IT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. 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 SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. AN INVENTORY WAS DONE OF THE DEFENDANT'S VEHICLE AT WHICH TIME DEPUTY REEVES DID LOCATE THE DEFENDANTS WALLET. WHILE LOOKING IN THE DEFENDANT'S WALLET, HE DID FIND HER DRIVER'S LICENSE AND A FOLDED UP TWENTY DOLLAR BILL WHICH CONTAINED A PARTIAL CRUSHED UP PILL. THE DEFENDANT STATED IT WAS PROBABLY A VICODIN. I ASKED THE DEFENDANT IF SHE HAD A PRESCRIPTION FOR VICODIN, AND SHE ADVISED ME THAT SHE DID NOT. 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 .251 AND .258. 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 9195-XAI WITH A MANDATORY COURT APPEARANCE OF 061109 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED THREE WRITTEN WARNINGS, ONE FOR DRIVING WITH NO HEADLIGHTS, ONE FOR FAILURE TO MAINTAIN A SINGLE LANE, AND ONE FOR NO PROOF OF INSURANCE. A LICENSE CHECK REVEALED THAT THE DEFENDANT DID HAVE A PRIOR DUI IN 2006 WHICH SHE WAS CONVICTED OF. DEPUTY REEVES TURNED OVER THE WHITE PILL TO ME ON SCENE, AND I PUT THE IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. *NOT-EXEMPT* |
