| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR10112648) LUDLOW, CHRISTOPHER 0214 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. DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL BREATH TEST AFTER HAVING HAD A PRIOR REFUSAL RECORDED ON 010900, IN VIOLATION OF THE FLORIDA STATE STATUTE 316.1929(1)(E). ON 010210, I RESPONDED TO SERGEANT (SGT) GLAZE'S TRAFFIC STOP TO EVALUATE THE DRIVER, MS MARY ANN LOGUE, FOR POSSIBLE IMPAIRMENT. UPON ARRIVAL I MADE CONTACT WITH SGT GLAZE, WHO ADVISED AS HE WAS TRAVELING SOUTH ON US HIGHWAY 19 IN A MARKED CITRUS COUNTY SHERIFF'S OFFICE PATROL VEHICLE, HE OBSERVED THE LISTED VEHICLE A 1986 CHEVY BEARING FLORIDA TAG, 457WIF, FAILING TO MAINTAIN A SINGLE LANE AS IT TRAVELED SOUTH BOUND ON HIGHWAY 19, IN FRONT OF HIM. SGT GLAZE ALSO INDICATED THAT THE LISTED VEHICLE AT ONE POINT TRAVELED TO THE LEFT SIDE OF THE INSIDE LANE STRIKING A MEDIAN. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, MS MARY ANN LOGUE, WHILE SHE WAS STILL SEATED IN HER VEHICLE. I IMMEDIATELY SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE VEHICLE, IN ADDITION TO NOTICING THAT MS LOGUE'S EYES WERE EXTREMELY BLOOD SHOT AND WATERY. I ASKED MS LOGUE HOW MUCH SHE HAD TO DRINK AND SHE INDICATED THREE BEERS. WHILE CONVERSING WITH MS LOGUE I ALSO NOTICED THAT HER SPEECH WAS SLIGHTLY DELAYED, AND SHE SLURRED CERTAIN WORDS THAT SHE SPOKE. AT THIS TIME I REQUESTED MS LOGUE TO EXIT THE DRIVER SIDE OF HER VEHICLE; AT THIS TIME I NOTICED SHE WAS UNSTEADY ON HER FEET. I CONDUCTED THE HORIZONTAL GAZE NYSTAGMUS (HGN) TASK ON MS LOGUE AND SCORED HER AS HAVING SIX OUT OF THE SIX POSSIBLE CLUES, WITH AN ANGLE OF ONSET PRIOR TO 45 DEGREES. IT SHOULD ALSO BE NOTED THAT DURING THE HGN TASK I STILL CONTINUED TO SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM MS LOGUE'S BREATHE. AT THIS TIME I REQUESTED MS LOGUE PERFORM STANDARDIZED PHYSICAL SOBRIETY TASKS ON VIDEO, TO WHICH SHE AGREED. MR LOGUE WAS MOVED TO AN ALTERNATE LOCATION CLOSE BY, WHICH HAD A SMOOTH FLAT SURFACE. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES (TO INCLUDE IF SHE WAS SICK OR INJURED) THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE DID NOT. TASK TWO, THE WALK AND TURN THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT MAINTAIN HER BALANCE DURING THE INSTRUCTION PHASE. THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON THE STEPS THAT WERE DEMONSTRATED (SEE VIDEO FOR DETAILS). THE DEFENDANT ALSO TOOK THE INCORRECT NUMBER OF STEPS (10), AND THE DEFENDANT ALSO MADE AN INCORRECT TURN AFTER THE FIRST NINE HEEL TO TOE STEPS. TASK THREE, ONE LEG STAND THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PLACED HER FOOT DOWN ON THE GROUND SEVERAL TIMES, THE DEFENDANT SWAYED DURING THE EXERCISE, AND ALSO USED HER ARMS FOR BALANCE. IT SHOULD BE NOTED THAT PRIOR TO BEGINNING THE FIELD SOBRIETY TASKS THE DEFENDANT VOLUNTARILY REMOVED HER JACKET AND BOOTS, HOWEVER DURING THE ONE LEG STAND THE DEFENDANT STATED SEVERAL TIMES THAT HER FEET WERE COLD (PLEASE SEE VIDEO FOR DETAILS). BASED ON MY OBSERVATIONS UP TO THIS POINT IN ADDITION TO THE DEFENDANT NOT BEING ABLE TO SATISFACTORY COMPLETE THE STANDARDIZED FIELD SOBRIETY TASKS, SHE WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD, AND THE DEFENDANT STATED SHE WOULD NOT SPEAK WITH ME. WHILE SEATING THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE SHE BECAME ARGUMENTATIVE, AND MADE A SPONTANEOUS STATEMENT IN REFERENCE TO IT BEING NEW YEARS EVE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT AT THE SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS TURNED OVER TO THE INTOXICOLOGIST, TO WHICH LATER SHE WAS READ IMPLIED CONSENT AND REFUSED TO SUBMIT TO A BREATH TEST. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS CHARGED WITH REFUSAL TO SUBMIT TO A BREATHALYZER TEST WITH A BOND OF $500.00, PER THE BOND SCHEDULE. A CRIMINAL HISTORY CHECK REVEALED THAT THE DEFENDANT HAD A PRIOR SUSPENSION FOR REFUSAL TO SUBMIT TO A LAWFUL TEST ON 010900. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4129XDX, WITH A MANDATORY COURT APPEARANCE OF 012110 AT 1330 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WARNING, 274127, FOR FAILING TO MAINTAIN A LANE. *NOT-EXEMPT* |
