| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR13-7379) ARNOLD, RODNEY 1282 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; DID, KNOWING HER DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 092113, AT APPROXIMATELY 2015 HOURS, WHILE RESPONDING TO A PHYSICAL DOMESTIC DISTURBANCE, I WAS DISPATCHED TO A SINGLE VEHICLE CRASH, WHICH HAD OCCURRED AT THE INTERSECTION OF EAST GOSPEL ISLAND ROAD AND SOUTH VAN BUCK DRIVE, INVERNESS. THE WEATHER CONDITIONS WERE CLEAR WITH A LIGHT WIND. I OBSERVED THE ROADWAY TO BE DRY AND FREE FROM ANY OBVIOUS DEFECTS OR OBSTRUCTIONS. UPON MY ARRIVAL, I MADE CONTACT WITH THE DRIVER AND SOLE OCCUPANT OF THE VEHICLE, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MS MICHELE CAMPBELL. I DETERMINED THAT THE DEFENDANT WAS THE SUSPECT FROM THE ORIGINAL PHYSICAL DOMESTIC COMPLAINANT, TO WHICH I HAD ORIGINALLY BEEN EN ROUTE. AS I CONDUCTED MY TRAFFIC CRASH INVESTIGATION, I OBSERVED THAT THE DEFENDANT HAD SLURRED SPEECH, BLOODSHOT, RED WATER EYES, AND AN ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM HER BREATH AND PERSON. WHEN I ASKED THE DEFENDANT WHAT HAD CAUSED HER TO LOSE CONTROL OF HER VEHICLE, SHE STATED: âBASICALLY, I WAS DRUNK; BUT DONâT USE THAT AGAINST ME.â AS I SPOKE WITH THE DEFENDANT, SHE HAD TROUBLE KEEPING HER BALANCE, AND HAD TO USE BOTH OF HER ARMS TO KEEP FROM FALLING OVER SEVERAL TIMES. AFTER I COMPLETED THE TRAFFIC CRASH INVESTIGATION, I ADVISED THE DEFENDANT THAT I WAS NOW GOING TO CONDUCT A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION. I THEN READ THE DEFENDANT HER MIRANDA RIGHTS VIA A PREPRINTED, AGENCY ISSUED CARD, AND ASKED HER IF SHE UNDERSTOOD HER RIGHTS. THE DEFENDANT ADVISED THAT SHE DID UNDERSTAND HER RIGHTS AND WOULD SPEAK WITH ME. 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. 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. IN ADDITION, 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN PRIOR TO THE COMPLETION OF THE DIRECTIONS, AND BEFORE BEING INSTRUCTED TO DO SO. THE DEFENDANT COULD NOT REMAIN BALANCED, MISSED PLACING HER HEEL TO TOE DURING THE FIRST NINE STEPS, AND USED HER ARMS TO BALANCE. AT THE END OF THE FIRST NINE STEPS, THE DEFENDANT ASKED WHAT TO DO NEXT, WHILE TURNING THE OPPOSITE WAY OF HOW SHE HAD BEEN INSTRUCTED. THE DEFENDANT THEN TOOK THE REMAINING NINE STEPS, AGAIN WITHOUT TOUCHING HEEL TO TOE ON THE REMAINING NINE STEPS. THE DEFENDANT CONTINUED AGAIN, TAKING A TOTAL OF 18 STEPS ON THE REMAINING EXERCISE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN PRIOR TO BEING INSTRUCTED TO. SHE USED BOTH ARMS TO KEEP HER BALANCE, AND SWAYED SIDE TO SIDE. DURING THE EXERCISE, THE DEFENDANT PLACED HER FOOT DOWN FOUR SEPARATE TIMES. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN THE EXERCISE PRIOR TO THE COMPLETION OF THE INSTRUCTIONS, AND THE DEFENDANT FAILED TO PLACE THE TIP OF HER FINGER TO THE TIP OF HER NOSE ON EACH ATTEMPT. THE DEFENDANT HAD TO BE REMINDED ON EACH ATTEMPT TO RETURN HER ARM TO HER SIDE AFTER TOUCHING HER NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HER BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. AN FCIC/NCIC CHECK OF THE DEFENDANTâS DRIVER'S LICENSE STATUS REVEALED THAT HER DRIVER'S LICENSE WAS CURRENTLY REVOKED. THE DEFENDANT WAS ADVISED THAT SHE WOULD BE ADDITIONALLY CHARGED WITH KNOWINGLY DRIVING WHILE LICENSE REVOKED. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS TURNED OVER TO CORRECTIONAL OFFICER RHODE TO CONDUCT A TEST OF HER BREATH. OFFICER RHODE PROVIDED ME WITH THE TEST RESULTS BEING 0.134 AND 0.128. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND SET, PER THE BOND SCHEDULE; AS WELL AS DRIVING WHILE LICENSE REVOKED FOR PREVIOUS DUI, WITH A $10,000.00 BOND SET, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI CRIMINAL TRAFFIC CITATION, CITATION NUMBER 3172XDQ7, FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT APPEARANCE AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA CRIMINAL TRAFFIC CITATION, CITATION NUMBER 4179GZP1, FOR KNOWINGLY DRIVING WHILE LICENSE REVOKED, WITH A MANDATORY COURT APPEARANCE AT THE CITRUS COUNTY COURTHOUSE. . THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 4180GZP5, FOR CARELESS DRIVING WITH A MANDATORY TRAFFIC FINE OF $166.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. A DVD COPY OF THIS INCIDENT WAS BURNED, AND LATER TURNED INTO EVIDENCE, ALONG WITH A COMPLETED PROPERTY RECEIPT. |
