| Probable cause affidavit: |
SUBMITTED BY: AMSLER, KENNETH 0329 (AR07004705) 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 082507, I OBSERVED A VEHICLE PARKED IN FRONT OF A CLOSED BUSINESS. THE VEHICLE WAS OCCUPIED BY A FEMALE SUBJECT IN THE DRIVER'S SEAT. I PULLED INTO THE SIDE GRASSY AREA OF THE CLOSED BUSINESS AND APPROACHED THE VEHICLE ON FOOT FROM THE PASSENGER SIDE. AS I APPROACHED THE VEHICLE, A WHITE MALE SUBJECT RESPONDED FROM THE OTHER SIDE OF THE BUSINESS CARRYING A TWELVE PACK OF BEER. THE MALE SUBJECT THEN ENTERED THE REAR PASSENGER SIDE DOOR WHILE I WAS APPROACHING THE VEHICLE. AS I APPROACHED FROM THE PASSENGER SIDE OF THE VEHICLE, I OBSERVED THE KEYS IN THE IGNITION WITH THE FRONT WINDOWS OF THE VEHICLE TO BE DOWN. I WENT AROUND THE REAR OF THE VEHICLE AND APPROACHED THE DRIVER'S SIDE. AT THAT TIME, A WHITE FEMALE EXITED THE DRIVER'S SIDE OF THE VEHICLE. THE SUBJECT WAS LATER IDENTIFIED AS THE DEFENDANT BY HER FLORIDA DRIVER'S LICENSE AS MS MARCIA STRAWBRIDGE. I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE DEFENDANT'S PERSON. I ASKED HER WHAT THEY WERE DOING AT THE CLOSED BUSINESS. SHE ADVISED THAT SHE PARKED THERE WHILE HER BOYFRIEND WENT ACROSS STATE ROAD 200 TO PURCHASE BEER. I ASKED HER WHY SHE HAD NOT DRIVEN OVER THERE, TO WHICH SHE STATED THAT SHE DID NOT WANT TO GET INTO TROUBLE. THE DEFENDANT THEN STATED THAT SHE HAD NOT BEEN IN THE VEHICLE AND BEGAN TO WALK AWAY. I VERBALLY INSTRUCTED THE DEFENDANT TO STOP AND TURN AROUND SO I COULD CHECK TO SEE IF SHE WAS TOO IMPAIRED TO OPERATE THE VEHICLE. I ATTEMPTED TO PERFORM FIELD SOBRIETY TASKS ON THE DEFENDANT; HOWEVER, SHE WOULD NOT COOPERATE. I THEN INSTRUCTED HER THAT IF SHE WOULD NOT COOPERATE, SHE WOULD BE PLACED UNDER ARREST. I ADVISED HER THAT SHE WAS REQUIRED TO PERFORM THE TASKS. AT THAT TIME, THE DEFENDANT AGREED TO PERFORM THE FIELD SOBRIETY TASKS. 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 DID NOT. I ASKED HER IF SHE WORE GLASSES; HOWEVER, SHE DID NOT ANSWER. SHE AGAIN ATTEMPTED TO WALK AWAY, AT WHICH TIME, I INSTRUCTED HER THAT IF SHE DID NOT STOP, I WOULD PLACE HER UNDER ARREST. SHE STOPPED AND I ESCORTED HER TO THE SIDEWALK IN FRONT OF THE BUSINESS. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. SHE BEGAN TO ATTEMPT THE TASK AND THEN STOPPED. I AGAIN DEMONSTRATED HOW TO DO THE TASK. ON HER SECOND ATTEMPT, THE DEFENDANT WAS UNABLE TO MAINTAIN A SMOOTH GAIT AND FELL TO THE SIDE, DID NOT WALK HEEL TO TOE AND DID NOT COMPLETE THE TASK. AT THAT TIME, THE DEFENDANT ADVISED THAT SHE WOULD NOT ATTEMPT ANY OTHER TASKS. THE DEFENDANT STATED, "IF I COMPLETE THE TASKS, YOU ARE GOING TO ARREST ME SO JUST ARREST ME ANYWAY." I GAVE HER ANOTHER CHANCE TO PERFORM FIELD SOBRIETY TASKS, TO, WHICH SHE REFUSED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ROTATION WRECKER SERVICE, FIVE STAR TOWING. A VEHICLE STORAGE RECEIPT WAS COMPLETED, SIGNED BY THE TOW TRUCK DRIVER AND A COPY LATER PROVIDED TO THE DEFENDANT AT THE DETENTION FACILITY. THE SECOND PARTY PRESENT AT THE SCENE DID NOT HAVE A VALID DRIVER'S LICENSE AND WALKED FROM THE SCENE TO HIS RESIDENCE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS TURNED OVER TO THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULT BEING .252. SHE REFUSED TO SUBMIT TO THE TEST A SECOND TIME. 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 9359-XAI, WITH A MANDATORY COURT APPEARANCE OF 091307 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
