| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR11121351) 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(1) ON 062011 AT APPROXIMATELY 0135 HOURS, DEPUTY MATOS STOPPED THE DEFENDANT IN HER RED 2003 CHEVROLET TRACKER BEARING FLORIDA TAG ALGH04 ON SOUTH SUNCOAST BOULEVARD JUST NORTH OF WEST CYPRESS BOULEVARD. DEPUTY MATOS STOPPED THE VEHICLE FOR FAILURE TO MAINTAIN A SINGLE LANE AND ADVISED THE VEHICLE HAD GONE OFF THE ROADWAY TO THE RIGHT, ALMOST STRIKING A SIGN, THEN OVER-CORRECTED INTO THE INSIDE LANE, THEN PROCEEDED NORTH ON SOUTH SUNCOAST BOULEVARD AT A LOW RATE OF SPEED. DEPUTY MATOS IMMEDIATELY REQUESTED I RESPOND TO HIS LOCATION, REFERENCE A POSSIBLY IMPAIRED DRIVER. I ARRIVED ON SCENE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, IDENTIFIED AS MS MELBA BRAUN. HER EYES WERE GLOSSY AND BLOODSHOT AND THERE WAS AN ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HER PERSON. UPON CHECKING MS BRAUN'S DRIVER LICENSE HISTORY, I FOUND SHE HAD A FLORIDA DRIVER LICENSE FOR ALMOST TWO YEARS, WITH NO CITATIONS. I ASKED MS BRAUN TO STEP OUT OF HER VEHICLE SO I COULD SPEAK WITH her FURTHER. MS BRAUN COMPLIED; HOWEVER, SHE WAS UNSTEADY ON HER FEET AS SHE WALKED AND SWAYED WHILE STANDING. MS BRAUN ADVISED SHE WAS TRAVELING FROM HER HOME IN LECANTO TO HER BOYFRIEND'S HOUSE LOCATED AT THE COVERED WAGON RV PARK, APPROXIMATELY TWO MILES FROM WHERE SHE HAD BEEN STOPPED. I ASKED MS BRAUN IF SHE HAD HAD ANYTHING TO DRINK TONIGHT. SHE ADVISED SHE HAD something TO DRINK EARLIER IN THE DAY. I ALSO ASCERTAined that ms braun HAD BEEN prescribed and WAS takING vicodin and morphine for a back problem. ms braun advised she had not taken the MEDICATION SINCE EARLY SUNDAY MORNING. I ADVISED MS BRAUN THAT DUE TO THE FACT SHE HAD A GOOD DRIVING RECORD AND WAS REMORSEFUL FOR DRIVING IN HER CONDITION, SHE WAS NOT GOING TO BE ARRESTED FOR DRIVING UNDER THE INFLUENCE. I ASKED IF SHE WAS OKAY WITH LEAVING HER VEHICLE IN A NEARBY PARKING LOT. I ADVISED HER THAT I WOULD GIVE HER A RIDE TO her BOYFRIEND'S HOUSE. I PARKED MS BRAUN'S VEHICLE IN A NEARBY PARKING LOT, SECURED THE VEHICLE AND RETURNED TO KEYS TO MS BRAUN. MS BRAUN WAS THEN TRANSPORTED TO HER BOYFRIEND'S RESIDENCE AT LOT NINE IN THE COVERED WAGON RV PARK. PRIOR TO LEAVING MS BRAUN AT HER BOYFRIEND'S RESIDENCE, SHE AGAIN APOLOGIZED FOR DRIVING IN HER CONDITION AND STATED IT WOULD N OT HAPPEN AGAIN. AT APPROXIMATELY 0230 HOURS, I WAS TRAVELING NORTHBOUND ON SOUTH SUNCOAST BOULEVARD, PASSING THE AREA MS BRAUN'S VEHICLE HAD BEEN PARKED, WHEN I OBSERVED A WHITE PICKUP TRUCK PULL IN BEHIND MS BRAUN'S VEHICLE. I WAS CONCERNED THAT SOMEONE MIGHT BE TRYING TO BREAK INTO MS BRAUN'S VEHICLE SINCE SHE HAD TOLD ME SHE HAD MONEY INSIDE OF HER VEHICLE. I PASSED THE VEHICLE'S LOCATION, TURNED AROUND TO TRAVEL SOUTH, BACK TO THE VEHICLE'S LOCATION. AT THAT TIME I OBSERVED TWO SETS OF HEADLIGHTS COMING OUT OF THE PARKING LOT WHERE MS BRAUN'S VEHICLE HAD BEEN PARKED. I WAS APPROXIMATELY A QUARTER MILE NORTH OF THE PARKING LOT AND PULLED IN TO PAved section of south suncoast boulevard to observe in what direction the vehIcle would travel. i observed the white pickup truck turn north ON SOUTH SUNCOAST BOULEVARD. THE SECOND VEHICLE, WHICH WAS LATER CONFIRMED TO BE MS BRAUN'S 2003 RED CHEVROLET TRACKER, PULLED OUT A LITTLE WHILE AFTER THE WHITE PICKUP TRUCK. ANOTHER VEHICLE, WHICH HAD BEEN TRAVELING NORTHBOUND ON SOUTH SUNCOAST BOULEVARD APPROACHING MS BRAUN'S VEHICLE, HAD TO BRAKE HEAVILY AND ABRUPTLY CHANGE LANES WHEN MS BRAUN'S VEHICLE TURNED ON TO SOUTH SUNCOAST BOULEVARD. I WAITED IN THE MEDIAN WITH MY HEADLIGHTS FACING EAST AND WHEN THE 2003 RED CHEVROLET TRACKER PASSED ME I OBSERVED THAT MS BRAUN WAS DRIVING THE VEHICLE. I STOPPED MS BRAUN IN HER VEHICLE AND IMMEDIATELY SECURED MS BRAUN IN HANDCUFFS (DOUBLE LOCKED) BEHIND HER BACK AND PLACED HER IN THE REAR SEAT OF MY PATROL VEHICLE. THE WHITE PICKUP TRUCK, WHICH HAD PULLED OUT BEFORE MS BRAUN, HAD STOPPED IN FRONT OF HER AND CONTACT WAS MADE WITH THE DRIVER, MR RALPH BAuKNECHT. I ADVISED HIM WHY I HAD STOPPED MS BRAUN AND REQUESTED HE REMAIN ON SCENE WHILE I INVESTIGATED. DEPUTY CIRONE ARRIVED ON SCENE, AT WHICH TIME I SPOKE WITH MS BRAUN. I ASKED HER WHY SHE WAS DRIVING AND SHE ADVISED SHE HAD COME BACK TO GET HER PURSE BECAUSE THERE WAS MONEY IN IT. I AGAIN ASKED MS BRAUN HOW MUCH SHE HAD BEEN DRINKING. AT FIRST, MS BRAUN ADVISED SHE HAD NOT HAD ANYTHING TO DRINK, THEN STATED SHE DID DRINK PRIOR TO FIVE P.M. ON SUNDAY, 061911. I ASKED MS BRAUN TO STEP OUT OF MY PATROL VEHICLE AND SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH SHE ADVISED SHE WOULD, AT WHICH TIME I REMOVED HER HANDCUFFS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED MS BRAUN 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. MS BRAUN'S PUPILS WERE EXTREMELY DILATED; HOWEVER, MS BRAUN COULD NOT EXPLAIN WHY. AFTER THIS TASK, I HAD MS BRAUN RESPOND TO THE FRONT OF MY PATROL VEHICLE WHERE MY IN-CAR CAMERA WAS FACING. I ASKED MS BRAUN IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW /HER TO PERFORM ANY OF THE SOBRIETY TASKS OTHER THAN WHAT SHE HAD ALREADY TOLD ME ABOUT HER BACK PROBLEMS, TO WHICH SHE STATED ONE OF HER LEGS WAS TWO INCHES LONGER THAN THE other AND HAD NO OTHER PROBLEMS. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS BRAUN. DURING THIS TASK, MS BRAUN AT FIRST DID NOT BEGIN THE TASK WHEN I ASKED HER TO. INSTEAD, SHE ASKED ME IF I WAS READY. WHEN MS BRAUN DID BEGIN THIS TASK, SHE SWAYED WHILE STANDING, FAILED TO TOUCH THE TIP OF HER NOSE WITH THE END OF HER FINGER, TOUCHING HER NOSE WITH PAST THE SECOND JOINT OF her FINGER EACH TIME. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS BRAUN. DURING THIS TASK, MS BRAUN WAS UNABLE TO KEEP HER FOOT OFF OF THE GROUND FOR MORE THAN ONE SECOND AND ADVISED SHE WAS UNABLE TO PERFORM THIS TASK DUE TO HER BACK PROBLEMS. DURING THIS TASK, WHEN MS BRAUN DID LIFT HER FOOT OFF OF THE GROUND, SHE FELL IN DIFFERENT DIRECTIONS. TASK FOUR, WALK and turn. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO MS BRAUN. DURING THIS TASK, ms bRaun failed to touch heel to toe, did not count her stEps as she took them and after taking several steps, stopped and stated "i didn't do that very well.' MS BRAUN WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS AGAIN handcuffed (double locked behind her back AND secured in the rear seat of my patrol vehicle for transport to tHe citrus countY deTention facilIty. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS turned over to her boyfriend, mr RALPH bauknecht WHOSE date of birth WAS 081753. MS BRAUN WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. MS BRAUN AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .164 AND .170. 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 8814-XBIX WITH A MANDATORY COURT APPEARANCE ON 071411 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 99030795 FOR FAILURE TO YIELD RIGHT OF WAY. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
