| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR 15-17508) 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 120615, DEPUTY SUNDBERG (1268) CONDUCTED A TRAFFIC STOP AT 8149 WEST GROVER CLEVELAND BOULEVARD, HOMOSASSA AND AT THAT POINT HE DETERMINED THE FEMALE DRIVER/DEFENDANT, MS MALENA CARRIGAN WAS POSSIBLY INTOXICATED AND REQUESTED I RESPOND TO INVESTIGATE FOR A DRIVING UNDER THE INFLUENCE. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT AND IMMEDIATELY NOTICED A STRONG ODER OF AN ALCOHOLIC BEVERAGE AND I OBSERVED THE DEFENDANT TO HAVE RED EYES THAT WERE EXTREMELY GLASSY. I IDENTIFIED MYSELF AND ASKED THE DEFENDANT HOW SHE WAS. SHE ADVISED ââNOT SO GOOD, IâVE HAD A COUPLE OF BEERS.ââ I ASKED THE DEFENDANT WHERE SHE WAS COMING FROM. SHE STATED SHE WAS COMING FROM HOME IN DADE CITY. I ASKED WHERE SHE WAS GOING AND SHE ADVISED SHE WAS DRIVING TO RED WING STREET IN HOMOSASSA. I ASKED THE DEFENDANT IF SHE HAD MADE ANY STOPS PRIOR TO BEING PULLED OVER BY DEPUTY SUNDBERG. SHE STATED THAT THEY HAD BEEN AT TWO DEUCES JUST UP THE ROAD FOR A WHILE. SHE RESTATED THAT SHE ONLY HAD TWO BEERS. IT WAS AT THAT POINT I REQUESTED THE DEFENDANT TO EXIT THE VEHICLE AND ACCOMPANY ME TO A LEVEL SURFACE IN ORDER TO CONDUCT FIELD SOBRIETY TASKS TO WHICH SHE COMPLIED. AS SHE OPENED THE DOOR AND EXITED THE VEHICLE SHE STUMBLED AND FELL IN TO ME WHERE I CAUGHT HER IN ORDER TO KEEP HER FROM FALLING. I ESCORTED HER THROUGH A GRASSY AREA TO A LEVEL PARKING LOT WHICH WAS FREE AND CLEAR OF ALL DEBRIS IN ORDER TO CONDUCT THE FIELD SOBRIETY TASKS. 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. 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 HAD EPILEPSY AND FREQUENTLY SUFFERS FROM VERTIGO FROM EPILEPSY BUT ââWAS NOT CURRENTLY UNDER AN EPISODE OF VERTIGO.ââ TASK TWO, WALK AND TURN; THIS TASK WAS EXPLAINED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO WALK A STRAIGHT LINE. SHE DID COMPLETE SEVEN COMPLETE STEPS FROWARD AND BACK. ON THE SEVENTH RETURN STEP SHE LOST HER BALANCE AND FELL TO THE GROUND. TASK THREE, ONE LEG STAND; THIS TASK WAS EXPLAINED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SHE ADVISED SHE HAD PINS IN HER LEFT LEG. SHE HELD HER LEFT LEG UP AND STOOD ON HER RIGHT LEG. UPON ATTEMPTING THAT TASK, SHE WAS NOT ABLE TO HOLD HER FOOT UP AND BALANCE FOR THREE SECONDS. AFTER THE FIRST ATTEMPT, SHE WAS UNABLE TO ATTEMPT THE TASK AGAIN. THEN READ THE DEFENDANT MIRANDA WARNING TO WHICH SHE STARTED TO SCREAM FOR THE PASSENGER THAT SHE WAS NOT DRIVING. THE DEFENDANT DID ADVISE SHE DID UNDERSTAND HER RIGHTS, BUT CONTINUED TO SCREAM. I READ FLORIDA IMPLIED CONSENT REQUESTING THAT SHE TAKE A TEST OF HER BREATH TO DETERMINE ALCOHOL CONTENT AT WHICH POINT SHE ONLY REPEATED ââI WASNâT DRIVING.ââ I ADVISED THE DEFENDANT SHE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND, WITH ASSISTANCE, PLACED IN THE REAR OF MY PATROL VEHICLE AND CONVEYED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO CITRUS COUNTY DETENTION FACILITY STAFF, OFFICER CARL SWIGER, WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8867XBI WITH A MANDATORY COURT APPEARANCE OF 010715 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
