| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR12124757) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY HAYNES, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: LEFT SCENE OF ACCIDENT DURING INVESTIGATION AFTER BEING INSTRUCTED TO STAY, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. AND 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, WHICH RESULTED IN DAMAGE TO PROPERTY OR TO ANOTHER, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 021012 AT APPROXIMATELY 1800 HOURS, I RESPONDED TO THE AREA OF 4301 WEST HOMOSASSA TRAIL IN REFERENCE TO A MINOR VEHICLE CRASH WHICH HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH BOTH DRIVERS. THE DRIVER OF VEHICLE TWO, A 1999 YELLOW FORD PICKUP TRUCK DRIVEN BY WITNESS SEAN SMITH. HE ADVISED HE WAS TRAVELLING NORTH ON WEST HOMOSASSA TRAIL WHEN VEHICLE ONE, A 1992 GREEN HONDA 4-DOOR DRIVEN BY THE DEFENDANT MS MICHELLE SHADE, WAS DRIVING BEHIND THE YELLOW PICKUP TRUCK. MR SMITH ADVISED THE GREEN HONDA ATTEMPTED TO PASS HIM WHEN THEY ENTERED THE AREA OF THE SCHOOL LOCATED AT 4301 WEST HOMOSASSA TRAIL. THIS AREA IS A NO PASSING ZONE WITH A CENTER TURNING LANE TO ENTER THE SCHOOL. THE GREEN HONDA ATTEMPTED TO PASS, AT WHICH TIME, THE GREEN HONDA IMPACTED THE LEFT, REAR OF THE YELLOW TRUCK WITH THE RIGHT, FRONT OF THE GREEN HONDA DOING MINOR DAMAGE. MR SMITH ADVISED THEY PULLED INTO THE PARKING LOT OF THE SCHOOL AND MS SHADE APPEARED TO TRYING TO LEAVE AND ALSO IN HIS OPINION APPEARED TO BE UNDER THE INFLUENCE OF SOME UNKNOWN SUBSTANCE. I WAS ABLE TO OBTAIN MR SMITH'S PAPERWORK AND HIS VEHICLE'S INFORMATION WITH NO PROBLEM; HOWEVER, WHEN I ATTEMPTED TO OBTAIN MS SHADE'S REGISTRATION, IDENTIFICATION AND PROOF OF INSURANCE SHE APPEARED TO BE DISORIENTED. I ASKED IF SHE NEEDED ANY MEDICAL ASSISTANCE, TO WHICH SHE ADVISED NO, SHE WAS FINE. THE DAMAGE TO MS SHADE'S VEHICLE WAS MINOR AND THERE WAS NO AIR BAG DEPLOYMENT. MS SHADE WAS SEARCHING FOR HER REGISTRATION, WENT PAST IT SEVERAL TIMES AND THIS DEPUTY HAD TO POINT OUT TO HER WHERE IT WAS. I ADVISED MS SHADE TO WAIT IN HER CAR AND I WOULD COMPLETE A CRASH REPORT AND RETURN TO HER. WHEN I RETURNED TO MY CAR AND BEGAN MY PAPERWORK I NOTICED MS SHADE HAD GIVEN ME A LETTER FROM HER INSURANCE COMPANY; HOWEVER, THE LETTER DID NOT SHOW PROOF OF INSURANCE. I RETURNED TO MS SHADE AND ADVISED HER SHE HAD GIVEN ME A LETTER AND I NEEDED PROOF OF INSURANCE AND HER INSURANCE CARD . MS SHADE BEGAN TO SEARCH FOR HER PAPERWORK AND AFTER APPROXIMATELY A MINUTE AND A HALF ADVISED SHE DID NOT HAVE HER REGISTRATION. I TOLD MS SHADE I ALREADY HAD HER REGISTRATION AND I NEEDED HER INSURANCE CARD. AT THAT TIME MS SHADE ADVISED SHE DID NOT HAVE HER INSURANCE CARD WITH HER. DUE TO MY SUSPICION MS SHADE MIGHT BE UNDER THE INFLUENCE OF AN UNKNOWN SUBSTANCE, I ASKED HER TO REMOVE HER KEYS FROM THE IGNITION. MS SHADE WAS UNABLE TO DO SO AND NEITHER WAS THIS DEPUTY FOR AN UNKNOWN REASON. IT WAS RAINING OUTSIDE THEREFORE I DID NOT ASK MS SHADE TO WAIT OUTSIDE IN THE RAIN. I AGAIN ADVISED MS SHADE TO WAIT IN HER VEHICLE AND I WOULD BE WITH HER MOMENTARILY. I RETURNED TO MY VEHICLE TO COMPLETE MY CRASH INVESTIGATION PAPERWORK. I RETURNED TO MY PATROL VEHICLE AND AFTER APPROXIMATELY TEN MINUTES MS SHADE PUT HER VEHICLE IN GEAR AND BEGAN TO LEAVE THE SCENE. MS SHADE PULLED ONTO WEST HOMOSASSA TRAIL AND TRAVELLED NORTHBOUND IN THE SOUTHBOUND LANE, AT WHICH TIME, THIS DEPUTY FOLLOWED HER WITH MY LIGHTS AND SIREN ON. MS SHADE FORCED ONE VEHICLE WHICH WAS TRAVELLING SOUTHBOUND ONTO THE SHOULDER OF THE ROAD, TRAVELLED APPROXIMATELY 300 YARDS AND THEN STOPPED ON THE EAST SIDE OF HOMOSASSA TRAIL. AS I GOT OUT OF MY VEHICLE MS SHADE WAS GETTING OUT OF HERS. I ASKED MS SHADE WHY SHE WAS LEAVING AND SHE STATED SHE WAS GOING TO THE STORE TO GET CIGARETTES AND SHE THOUGHT I HAD TOLD HER TO LEAVE. MS SHADE WAS PLACED UNDER ARREST FOR OBSTRUCTION DUE TO HER LEAVING THE SCENE AND HINDERING MY INVESTIGATION OF THE CRASH AND FOR DRIVING UNDER THE INFLUENCE (DUI). MS SHADE'S HUSBAND, MR GENE SHADE, WAS CONTACTED TO RESPOND TO THE SCENE TO RETRIEVE HER VEHICLE. DUE TO THE WEATHER CONDITIONS AND MS SHADE'S LEVEL OF IMPAIRMENT IT WAS UNSAFE TO ATTEMPT FIELD SOBRIETY TASKS ON SCENE. MS SHADE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ MIRANDA AND IMPLIED CONSENT BY THE BREATHALYZER OPERATOR. THIS DEPUTY RESPONDED TO THE ROOM WHERE CORRECTIONS OFFICER OVERBECK WAS CONDUCTING FIELD SOBRIETY TASKS AND INTOXILYZER TESTS ON MS SHADE. I OBSERVED MS SHADE ATTEMPT THE ONE LEG STAND. MS SHADE SWAYED WHILE TRYING TO BALANCE, BEGAN THE TASK TOO EARLY AND PUT HER FOOT DOWN MULTIPLE TIMES. CORRECTIONS OFFICER OVERBECK ENDED THIS TASK EARLY DUE TO MS SHADE ALMOST FALLING SEVERAL TIMES. I OBSERVED THE WALK AND TURN TASK. DURING THIS TASK MS SHADE WAS UNSTEADY, COULD NOT KEEP HER BALANCE, STARTED BEFORE INSTRUCTED TO, STEPPED OFF THE LINE ON EVERY STEP AND DID NOT COUNT OUT LOUD. I ALSO OBSERVED THE FINGER TO NOSE TASK. MS SHADE DID NOT FOLLOW DIRECTIONS, USED THE WRONG HAND AND MISSED HER FINGER TO NOSE. WHEN CORRECTIONS OFFICER OVERBECK ATTEMPTED TO OBTAIN BREATHALYZER RESULTS FROM MS SHADE SHE WAS UNABLE TO FOLLOW INSTRUCTIONS PROPERLY AND AFTER SEVERAL ATTEMPTS NO RELIABLE VOLUME WAS MET TO DETERMINE BREATH ALCOHOL LEVEL. THIS DEPUTY DID REQUEST MS SHADE TO SUBMIT TO A TEST OF HER URINE DUE TO THE POSSIBILITY THAT SHE WAS ON SOME UNKNOWN SUBSTANCE. THIS DEPUTY GAVE MS SHADE OVER 30 MINUTES TO ATTEMPT TO SUBMIT TO THE TEST; HOWEVER, MS SHADE WAS UNABLE TO PRODUCE A URINE SAMPLE FOR TESTING. THEREFORE, I ADVISED MS SHADE THAT THIS WOULD BE CHARGED WITH REFUSAL TO SUBMIT. MS SHADE WAS ISSUED THREE CITATIONS, ONE DUI AND TWO CITATIONS. DUI CITATION NUMBER 8828-XBI5 WITH A MANDATORY COURT DATE OF 030112 AT 1300 HOURS. SHE WAS ISSUED CITATION NUMBER 9682-RYU3 FOR IMPROPER PASSING AND THE LAST CITATION FOR UNABLE TO PROVIDE PROOF OF INSURANCE AT SCENE OF CRASH CITATION NUMBER 9683-ROZ5. MS SHADE WAS PROVIDED A COPY OF THE TRAFFIC CRASH REPORT NUMBER 81884750. THERE WAS NO ROADSIDE VIDEO; HOWEVER, THERE WAS VIDEO OF THE SOBRIETY TASKS REQUIRED AT THE JAIL FOR THIS CASE. ALL DUI PAPERWORK WAS TURNED IN TO RECORDS. THE DEFENDANT'S TOTAL BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. "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* |
