| Probable cause affidavit: |
SUBMITTED BY: HRYC, CHRISTOPHER 0701 (AR10116421) 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 082110 AT APPROXIMATELY 0210 HOURS, I WAS PERFORMING A SECURITY CHECK OF THE BUZZ BAR ON US HIGHWAY 19. I OBSERVED THREE FEMALES EXIT THE BUILDING, ONE OF WHICH WAS CARRYING BALLOONS. I OBSERVED ONE OF THE FEMALES, LATER IDENTIFIED AS, MS MICHELLE BIDWELL (DEFENDANT), LOOK DIRECTLY AT MY PATROL VEHICLE AND YELLED "OH SHIT, THE POLICE ARE HERE". THIS DEPUTY ALSO OBSERVED THE DEFENDANT STUMBLING IN THE PARKING LOT AND CARRYING A GLASS BEER BOTTLE IN HER LEFT HAND. I THEN OBSERVED THE DEFENDANT AS SHE WALKED OVER TO HER VEHICLE AND SCREAMED ACROSS THE PARKING LOT TO HER FRIENDS "WAIT FOR ME, I AM GOING TO YOUR HOUSE". I THEN OBSERVED THE DEFENDANT CHUG THE REST OF HER BEER AND THROW THE BOTTLE ON THE GROUND NEXT TO HER VEHICLE. AT THAT TIME, THE DEFENDANT PLACED HER PURSE ON TOP OF THE VEHICLE AND SAT IN THE DRIVER'S SEAT. THE DEFENDANT SAT FOR A FEW MOMENTS WITH HER PURSE SITTING ON TOP OF HER VEHICLE, WHICH LED ME TO BELIEVE THAT SHE WAS NOT GOING TO DRIVE HER VEHICLE. DURING THIS TIME, SEVERAL OTHER PEOPLE EXITED THE BAR, WHICH CAUGHT MY ATTENTION, DUE TO THE LOUD NOISE AND THE VAST AMOUNT OF PEOPLE EXITING THE BAR THAT I LOST SIGHT OF THE DEFENDANT'S VEHICLE. SHORTLY AFTER LOSING SIGHT OF THE DEFENDANT, I THEN NOTICED THE DEFENDANT'S VEHICLE TRAVELLING NORTHBOUND ON US HIGHWAY 19. I EXITED THE PARKING LOT OF BUZZ BAR AND MADE IT BEHIND THE DEFENDANT'S VEHICLE AND I NOTICED THAT THE VEHICLE HAD CROSSED OVER THE OUTSIDE FOG LINE THREE TIMES, WITH THE SECOND TIME THE PASSENGER SIDE TIRE WHEELS DID GO OVER THE WHITE LINE AND ALMOST HIT THE CURB. AT THAT TIME, I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP AT US HIGHWAY 19 AND NW 2ND AVENUE IN CRYSTAL RIVER. I MADE CONTACT WITH THE DEFENDANT AND ASKED HER FOR HER FLORIDA DRIVER'S LICENSE, INSURANCE AND VEHICLE REGISTRATION. THE DEFENDANT PROVIDED ME HER DRIVER'S LICENSE BUT HAD A DIFFICULT TIME PROVIDING ME WITH HER VEHICLE REGISTRATION AND INSURANCE. THE DEFENDANT HANDED ME A PIECE OF PAPER SIMILAR TO THE REGISTRATION BUT IT WAS NOT. I THEN ASKED HER AGAIN FOR HER VEHICLE REGISTRATION, TO WHICH SHE PROVIDED ME WITH THE TITLE TO THE VEHICLE. I THEN ASKED HER FOR THE STACK OF PAPERS AND FOUND THE VEHICLE REGISTRATION, WHICH WAS THE SECOND PIECE OF PAPER IN THE STACK. I ASKED THE DEFENDANT WHERE SHE WAS COMING FROM SHE STATED FROM THE BUZZ BAR IN CELEBRATION OF HER DAUGHTER'S 27TH BIRTHDAY. I ALSO ASKED THE DEFENDANT IF SHE HAD ANYTHING TO DRINK AND SHE STATED THAT SHE HAD SEVEN DRINKS SINCE 1630 ON 082010. I DID DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING OFF OF HER BREATH. AT THAT TIME, I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE SO THAT I COULD HAVE HER PERFORM FIELD SOBRIETY TESTS, TO WHICH SHE STATED "OK, I HAVE DONE THEM BEFORE". I ASKED THE DEFENDANT IF SHE HAD BEEN ARRESTED BEFORE FOR DRIVING UNDER THE INFLUENCE (DUI) AND SHE STATED SHE HAD BUT WAS NOT CONVICTED. 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. I ALSO ASKED THE DEFENDANT IF SHE WOULD LIKE TO PERFORM THE TASKS IN THE WHITE FLIP FLOPS SHE WAS WEARING OR DO THEM BAREFOOT AND SHE STATED SHE WANTED TO DO THEM WITH THE FLIP FLOPS. 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. WHILE THE DEFENDANT WAS PERFORMING THE TASK, SHE CONTINUALLY MOVED HER HEAD WITH HER EYES AND COULD NOT KEEP HER HEAD STILL. THE DEFENDANT SWAYED BACK AND FORTH THE WHOLE TIME SHE WAS COMPLETING THE TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT OBSERVED MY INSTRUCTIONS AND STATED THAT SHE DID UNDERSTAND. AFTER DEMONSTRATING AND EXPLAINING AND THE TASK, THE DEFENDANT ATTEMPTED TO DO THE TASK, BUT DID NOT TOUCH HEEL TO TOE ON ANY OF HER FIRST NINE STEPS, NOR DID SHE COUNT THEM OUT LOUD. UPON COMPLETING THE FIRST NINE STEPS, THE DEFENDANT TURNED completely AROUND THREE TIMES, INSTEAD OF TAKING THREE SMALL STEPS TO TURN AROUND. THE DEFENDANT THEN TOOK THE LAST NINE STEPS, DID NOT TOUCH HEEL TO TOE ON ANY OF THOSE NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT REPEATEDLY PUT HER FOOT DOWN, DID NOT COUNT OUT LOUD AND USED HER ARMS FOR BALANCE. TASK FOUR, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT LEAN HER HEAD BACK, SHE LOOKED STRAIGHT AHEAD AND ALSO DID NOT RETURN EITHER HAND BACK OUT TO HER SIDES AND WAS CONFUSED WHEN ASKED TO DO THE LEFT AND RIGHT HANDS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER THE DEFENDANT'S REQUEST AND HER DAUGHTER WOULD PICK THE VEHICLE UP. UPON ARRIVAL SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS AND THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .190 AND .0194. 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, NUMBER 4521XDXX WITH A MANDATORY COURT APPEARANCE OF 091610 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WRITTEN WARNING, CITATION NUMBER 304534B FOR FAILING TO MAINTAIN A SINGLE LANE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
