| Probable cause affidavit: |
SUBMITTED BY: CIANCIA, TERRY 0575 (AR08103600) did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HER normal faculties were impaired and by reason of such operation did cause damage the property of another, to-wit: A 2005 CHEVROLET PICKUP, AND A 2005 HARLEY DAVIDSON ROAD KING MOTORCYCLE, AND ALSO CAUSED DAMAGE to the PERSON OF ANOTHER TO WIT: CAUSING THE LEG OF THE HARLEY DAVIDSON MOTORCYCLE OPERATOR TO BREAK, in violation of Florida Statute 316.193(3)(C)(1). AT 1158 HOURS, ON 060608, I WAS DISPATCHED TO THE INTERSECTION OF FORT ISLAND TRAIL AND U S HIGHWAY 19 SOUTH, IN REFERENCE TO A THREE VEHICLE ACCIDENT INVOLVING A MOTORCYCLE. UPON ARRIVAL AT 1202 HOURS, I OBSERVED THREE VEHICLES THAT HAD BEEN INVOLVED IN AN ACCIDENT IN THE INSIDE LANE OF THE NORTHBOUND TRAFFIC 100 FEET SOUTH OF THE INTERSECTION OF U S HIGHWAY 19 AND FORT ISLAND TRAIL. UPON EXITING MY VEHICLE, I MADE CONTACT WITH THE DRIVER OF VEHICLE THREE, WHO ADVISED HE WAS STOPPED FOR TRAFFIC AT THE RED LIGHT, WITH VEHICLE TWO, THE MOTORCYCLE, STOPPED BEHIND HIM, WHEN SUDDENLY VEHICLE ONE SLAMMED INTO THE REAR OF VEHICLE TWO, SANDWICHING THE MOTORCYCLE BETWEEN HIS PICKUP TRUCK AND VEHICLE ONE. I THEN SPOKE WITH THE DRIVER OF VEHICLE TWO (HARLEY DAVIDSON) WHO ADVISED HE WAS STOPPED BEHIND VEHICLE THREE FOR THE TRAFFIC LIGHT AT WHICH TIME, VEHICLE ONE SLAMMED IN TO THE REAR END OF HIM. I THEN SPOKE WITH THE WITNESS, WHO ADVISED HE WAS A PASSENGER OF VEHICLE ONE AND THE OPERATOR (DEFENDANT) OF VEHICLE ONE HAD JUST PICKED UP THE VEHICLE FROM HIM AFTER HE HAD REPAIRED IT AND WAS TAKING IT FOR A TEST DRIVE. IN THE WITNESS'S WORDS, SHE WAS DRIVING ERRATICALLY ALL OVER THE ROAD AND AT A HIGH SPEED. THE WITNESS STATED HE WAS EXTREMELY NERVOUS DURING THE RIDE. WITNESS ONE ALSO STATED AS THEY APPROACHED THE LIGHT AND STOPPED TRAFFIC, THE OPERATOR OF VEHICLE ONE SIMPLY FAILED TO APPLY THE BRAKES, STRIKING THE MOTORCYCLE. ALL THREE DRIVER'S WERE ASKED TO SUPPLY DRIVER'S LICENSES, REGISTRATION AND INSURANCE CARDS. INFORMATION FROM THE SUPPLIED ITEMS WAS SO NOTED ON A FLORIDA UNIFORMED TRAFFIC ACCIDENT REPORT. DRIVER TWO WAS TRANSPORTED TO SEVEN RIVER'S HOSPITAL, DRIVER THREE WAS RETURNED HIS INFORMATION AND RELEASED FROM THE SCENE. DURING THE INVESTIGATION, IN SPEAKING WITH THE DRIVER OF VEHICLE ONE/DEFENDANT, MS MICHELLE BENDRICK, I OBSERVED THAT HER SPEECH WAS HEAVILY SLURRED, HER EYES WERE GLASSED OVER AND SHE WAS HAVING PROBLEMS KEEPING HER EYES OPEN. I ASKED HER TO WALK TO THE SIDE OF THE ROAD AND NOTED THAT HER GATE WAS EXTREMELY UNSTEADY AND SHE HAD STOP SEVERAL TIMES TO RE DIRECT HERSELF AS SHE WAS STAGGERING. ALSO, I HAD A HARD TIME COMMUNICATING WITH HER AS SHE APPEARED NOT TO UNDERSTAND MY DIRECTIONS. AT THIS TIME, I INFORMED THE DEFENDANT THAT I HAD COMPLETED MY ACCIDENT INVESTIGATION AND I WAS NOW CONDUCTING A CRIMINAL INVESTIGATION. THE DEFENDANT WAS READ MIRANDA VIA A PREPARED TEXT, TO WHICH SHE ADVISED SHE WOULD ANSWER MY QUESTIONS. SHE WAS READ IMPLIED CONSENT AND ADVISED SHE WOULD TAKE A BREATH TEST AND SUBMIT TO FIELD SOBRIETY TASKS. 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 SHE HAD A BACK INJURY, WHICH SHE TOOK PRESCRIPTION MEDICATIONS FOR. THE MEDICATIONS SHE ADVISED SHE TOOK WERE SEROQUIL, SOMA AND OXYCOTIN, HOWEVER SHE DID STATE IT WOULD NOT IMPAIR HER IN THE PERFORMANCE OF THE TASKS. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO WALK HEEL TO TOE, ACTUALLY SPREADING HER FEET AND WADDLING LIKE A DUCK, TOOK FIFTEEN STEPS PRIOR TO BEING TOLD TO STOP, FAILING TO FOLLOW THE DIRECTIONS, COUNTING OUT LOUD AND TAKING NINE STEPS. ON HER TURN, THE DEFENDANT NEARLY FELL OVER AND WALKED WITH HER FEET APART IN A WIDE WADDLE TYPE STEP BACK, UNTIL SHE HIT THIS DEPUTY'S PATROL VEHICLE, FAILING TO STOP AFTER NINE STEPS AND COUNTING OUT LOUD AS INSTRUCTED. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HER HEAD BACK AND HER EYES CLOSED. SHE STARTED THE TASK PRIOR TO MY INSTRUCTIONS AND THEN WHEN INSTRUCTED TO USE HER RIGHT HAND, SHE USED HER LEFT, MISSING HER NOSE WITH HER FINGER AND THEN CONTINUED SEVEN MORE TIMES, ALTERNATING RIGHT AND LEFT HAND WITHOUT BEING INSTRUCTED TO ATTEMPT TO TOUCH THE TIP OF HER NOSE, MISSING IT EVERY TIME. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .000 AND .000. A URINE SAMPLE WAS THEN REQUESTED, TO WHICH THE DEFENDANT AGREED. THE URINE SAMPLE WAS TAKEN BY THE BREATHALYZER TECHNICIAN, PROVIDED TO THIS DEPUTY, PLACED IN EVIDENCE. AN IDENTIFICATION REQUEST WAS SENT TO TIM MARTIN REQUESTING TESTING OF THE URINE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY AND PERSONAL DAMAGE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 9216-FIQ FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 070308 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9215-FIQ , FOR CARELESS DRIVING WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
