| Probable cause affidavit: |
SUBMITTED BY: HILBERER, BRIAN 0440 (AR07100789) 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 AND CAUSING DAMAGE TO OTHER VEHICLES AND A TELEPHONE BOX, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(C)(1). ON 121607 AT APPROXIMATELY 1519 HOURS, I WAS DISPATCHED TO THE AREA OF 4625 SOUTH FLORIDA AVENUE IN INVERNESS IN REFERENCE TO A TRAFFIC CRASH. DISPATCH ADVISED THAT IT WAS POSSIBLY A DRUNK DRIVER. UPON ARRIVAL, I OBSERVED THAT THERE WAS A SILVER TOYOTA PICKUP THAT HAD STRUCK A TREE. WHILE CONDUCTING MY CRASH INVESTIGATION, IT WAS DETERMINED THAT THE VEHICLE WHICH WAS DRIVEN BY THE DEFENDANT MS MARY GRIMES BACKED UP IN THE FRONT YARD STRIKING A HEADSTONE WITH THE REAR OF THE VEHICLE. THE DEFENDANT THEN DROVE THE VEHICLE FORWARD IN A CLOCKWISE DIRECTION. THE DEFENDANT DROVE THE VEHICLE ONTO HIGHWAY 41 SOUTH DRIVING ACROSS BOTH NORTH BOUND LANES AND THE TURN LANE. THE VEHICLE CONTINUED IN A COUNTERCLOCKWISE DIRECTION. THE VEHICLE DROVE UP ON THE CURB AND MADE IMPACT WITH ANOTHER VEHICLE WHICH WAS PARKED IN THE FRONT YARD. AFTER STRIKING THE VEHICLE, THE DEFENDANT DROVE NORTH IN THE YARD STRIKING A SPRINT TELEPHONE BOX. THE VEHICLE CONTINUED A SHORT DISTANCE FORWARD AND STOPPED BEFORE IMPACTING A TREE. THE DEFENDANT PUT THE VEHICLE INTO REVERSE FOR A SHORT DISTANCE AND THEN DROVE FORWARD AGAIN IN A CLOCKWISE DIRECTION AND STRUCK A TREE WITH THE FRONT OF THE VEHICLE COMING TO A FINAL REST. DURING THE INVESTIGATION, I SPOKE WITH A WITNESS WHO OBSERVED THE DEFENDANT DRIVING THE TRUCK. THE WITNESS ADVISED AFTER THE TRUCK STRUCK THE TREE THAT HE REMOVED THE KEYS FROM THE IGNITION. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS SITTING IN HER CARPORT ON A LAWN CHAIR. I ASKED THE DEFENDANT WHAT HAPPENED AND SHE STATED SHE DID NOT KNOW. MEDIC TWO ARRIVED ON SCENE AND TREATED THE DEFENDANT FOR MINOR INJURIES TO HER NOSE. AFTER BEING TREATED, THE DEFENDANT REFUSED TO BE TRANSPORTED TO THE HOSPITAL. I AGAIN MADE CONTACT WITH THE DEFENDANT AND TRIED SPEAKING WITH HER FURTHER. THE DEFENDANT AGAIN ADVISED THAT SHE DID NOT KNOW WHAT HAPPENED BUT STATED SHE JUST WANTED TO GO SEE HER SISTER. WHILE SPEAKING WITH THE DEFENDANT, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I ALSO NOTICED THAT THE DEFENDANT'S EYES WERE BLOODSHOT AND GLASSY AND THE DEFENDANT'S SPEECH WAS SLURRED. I ADVISED THE DEFENDANT THAT I HAD CONCLUDED MY CRASH INVESTIGATION AND I WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DUI. I ASKED THE DEFENDANT IF SHE HAD CONSUMED ANY ALCOHOLIC BEVERAGES PRIOR TO DRIVING TO WHICH SHE GAVE VERBAL ADMISSION TO CONSUMING A FEW RUM AND COKES. THE DEFENDANT COULD NOT ADVISE EXACTLY HOW MANY SHE HAD CONSUMED. I ASKED THE DEFENDANT WHERE SHE HAD BEEN DRINKING AND SHE ADVISED AT HER RESIDENCE (AT THIS LOCATION). 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 DID NOT. THE FIELD SOBRIETY TASKS WERE CONDUCTED IN THE CARPORT WHICH WAS A SMOOTH FLAT SURFACE. 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. THE DEFENDANT SWAYED FORWARD AND BACKWARD WHILE PERFORMING THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THE INSTRUCTION PHASE, THE DEFENDANT HAD EXTREME DIFFICULTY MAINTAINING HER BALANCE. ALSO THE DEFENDANT DID NOT STAND IN THE PROPER POSITION DURING THE INSTRUCTION PHASE. THE DEFENDANT ALSO STARTED PRIOR TO BEING TOLD TO DO SO. WHILE PERFORMING THE TASK, THE DEFENDANT MISSED HEEL TO TOE ON EVERY STEP. THE DEFENDANT STEPPED OFF THE LINE, DID INCORRECT NUMBER OF STEPS (12 STEPS DOWN, 15 STEPS BACK), HAD TO STOP WALKING TO STEADY HERSELF AND DID INCORRECT TURN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THE INSTRUCTION PHASE, THE DEFENDANT STARTED PRIOR TO BEING TOLD TO DO SO. WHILE PERFORMING THE TASK, THE DEFENDANT MADE THREE ATTEMPTS TO PERFORM THE TASK, HOWEVER, SHE WAS EVENTUALLY UNABLE TO PERFORM THE TASK DUE TO HER ALMOST FALLING OVER DURING ON EACH ATTEMPT. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. WHEN ASKED TO PERFORM THE TASK, THE DEFENDANT STATED SHE DID NOT UNDERSTAND HOW TO PERFORM IT. AFTER EXPLAINING THE INSTRUCTIONS AGAIN, I ASKED IF SHE UNDERSTOOD AND SHE STATED YES. WHILE ATTEMPTING TO PERFORM THE TASK, THE DEFENDANT DID NOT KEEP HER HEAD TILTED BACK AS INSTRUCTED. THE DEFENDANT DID NOT KEEP HER EYES CLOSED AS INSTRUCTED AND THE DEFENDANT FAILED TO RETURN HER ARMS TO THE SIDE. AFTER FAILING TO RETURN HER ARMS TO THE SIDE, THE DEFENDANT AGAIN STATED SHE DID NOT UNDERSTAND HOW TO PERFORM THE TASK. THE TASK WAS AGAIN EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED THE DEFENDANT IF SHE UNDERSTOOD AND SHE AGAIN STATED SHE DID NOT UNDERSTAND, AT WHICH TIME, WE MOVED TO THE NEXT TASK. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. PRIOR TO PERFORMING THE TASK, IT WAS DETERMINED THAT THE DEFENDANT DID READ AND WRITE THE ENGLISH LANGUAGE AND SHE KNEW THE ALPHABET FROM A TO Z. WHILE PERFORMING THE TASK, THE DEFENDANT DID NOT RECITE THE ALPHABET CORRECTLY AND STOPPED AT "T" AND ADVISED SHE COULD NOT REMEMBER THE REST. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE.. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY CORRECTIONS STAFF. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .242 AND .235. 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, CITATION NUMBER 6894-XDO, WITH A MANDATORY COURT APPEARANCE ON 010308 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8086-FIQ , FOR CARELESS DRIVING, WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
