| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID, FLORIDA HIGHWAY PATROL (AR 14-10763)) 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 06/12/2014, AT APPROXIMATELY 1637 HOURS, I RESPONDED TO THE REAR PARKING LOT OF CITRUS ORTHOPEDIC, LOCATED AT 950 NORTH AVALON WAY, LECANTO. UPON ARRIVAL AT 1710 HOURS, I MADE CONTACT WITH CITRUS COUNTY SHERIFF'S OFFICE DEPUTY EMANUEL AGUILERA/1238, WHO INFORMED ME THAT THE DEFENDANT, MS MARY DOYLE, WHO WAS CURRENTLY SEATED IN HER VEHICLE WITH HER VEHICLE STILL IDLING, WAS FOUND BY CITRUS ORTHOPEDIC STAFF MEMBER, JULIA SLACK . MS SLACK STATED SHE OBSERVED WHAT APPEARED TO BE FRESH FRONT END DAMAGE TO THE DEFENDANTâS VEHICLE AND CONTACTED LAW ENFORCEMENT. DEPUTY AGUILERA STATED THE DEFENDANT TOLD HIM THE DAMAGE OCCURRED WHEN THE DEFENDANT HIT THE CURB ON THE WAY INTO THE PARKING LOT; HOWEVER, THE DAMAGE IS NOT CONSISTENT WITH THAT TYPE OF A COLLISION. DEPUTY AGUILERA INFORMED ME THAT PRIOR TO MY ARRIVAL, HE RETURNED TO THE DEFENDANTâS ADDRESS AND FOUND WHAT APPEARED TO BE FRESH DAMAGE TO HER GARAGE DOOR JAM CONSISTENT WITH THE DAMAGE TO HER VEHICLE. I THEN SPOKE TO MS SLACK, WHO STATED THAT THE DEFENDANT HAD ARRIVED FOR AN APPOINTMENT HOWEVER SHE JUST REMAINED SEATED IN HER VEHICLE WITH THE ENGINE IDLING. I THEN SPOKE WITH THE DEFENDANT AND DURING MY CONVERSATION I COULD OCCASIONALLY DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH (DUE TO WIND IT WAS DIFFICULT TO DETECT A CONSISTENT SCENT OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH). THE DEFENDANT DENIED CRASHING AT HER RESIDENCE. WHEN ASKED SHE STATED SHE HAD NOT CONSUMED ANY ALCOHOLIC BEVERAGES TODAY. WHEN ASKED IF SHE HAD TAKEN ANY MEDICATION, SHE ADVISED SHE HAD TAKEN ONE OXYCODONE AT 0900 HOURS THIS MORNING AS PRESCRIBED. I THEN REQUESTED THE DEFENDANT EXIT HER VEHICLE AT WHICH TIME I FOUND SHE COULD NOT DO SO WITHOUT ASSISTANCE FROM ME. THE DEFENDANT WAS EXTREMELY UNSTEADY WHILE WALKING ONTO A PAVED SURFACE FOR FIELD SOBRIETY EXERCISES AND IT WAS NECESSARY FOR ME TO HOLD HER ARM WHILE WALKING. AT 1724 HOURS, I INFORMED THE DEFENDANT THAT I WAS NO LONGER CONDUCTING A NON-CRIMINAL CRASH INVESTIGATION AND WAS NOW CONDUCTING A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION. I REQUESTED THE DEFENDANT REMOVER HER SHOES SO SHE WOULD BE MORE SURE-FOOTED WHILE STANDING. I ASKED IF SHE COULD SEE MY PEN WITHOUT THE USE OF HER EYE GLASSES AND SHE STATED SHE COULD FOCUS ON MY PEN. THE DEFENDANT STATED SHE HAD NO PHYSICAL LIMITATIONS EXCEPT THAT SHE RECENTLY HAD SURGERY ON HER RIGHT SHOULDER. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT PER HER OWN STATEMENT WAS ABLE TO FOCUS ON MY PEN WITHOUT THE USE OF CORRECTIVE LENSES. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HER LEFT FOOT ON THE LINE, SHE WAS UNABLE TO STAND HEEL TO TOE DURING INSTRUCTION, SWAYED, USED ARMS FOR BALANCE AND WAS UNABLE TO PROCEED WITH THE EXERCISE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED ARMS FOR BALANCE, SWAYED, PUT HER FOOT DOWN AND COULD NOT PERFORM THE TASK WITHOUT THE RISK OF FALLING. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY AGUILERA WHILE I REMAINED ON SCENE TO AWAIT TOWING SERVICE. THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. I THEN RESPONDED TO THE DEFENDANTâS RESIDENCE WHERE UPON ARRIVAL I OBSERVED FRESH DAMAGE TO THE LEFT SIDE DOOR JAM OF THE SINGLE GARAGE DOOR. SAID DAMAGE IS CONSISTENT WITH THE DAMAGE TO THE DEFENDANTâS VEHICLE. I ALSO OBSERVED ON THE GROUND A FEW SMALL PIECES OF DAMAGED VEHICLE WHICH APPEARED TO BE CONSISTENT WITH THE DEFENDANTâS VEHICLE. I THEN RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT HAD AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .193% AND .200% BrAC. 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 9683-XBN WITH A MANDATORY COURT APPEARANCE OF 07/10/2014 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
