| Probable cause affidavit: |
SUBMITTED BY: PANETTI, JAMES 1304 (AR17-22359) 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED; IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1)(A). PREVIOUSLY IN MY SHIFT ON 012317, I MADE CONTACT WITH THE DRIVER/DEFENDANT, MS MIRANDA AROCHO IN REFERENCE TO ANOTHER DEPUTYâS TRAFFIC STOP AT DUSK. AT THAT TIME, I WARNED THE DEFENDANT THAT IT WOULD BE DARK SOON AND SHE WOULD NOT BE ABLE TO OPERATE HER VEHICLE ON THE ROADS AFTER DARK, DUE TO SUBSTANTIAL FRONT END DAMAGE INCLUDING DAMAGE TO HER HEADLIGHTS, RENDERING THEM NON-FUNCTIONAL. THE DEFENDANT ADVISED THAT SHE WAS GOING TO WAL-MART TO GET A MONEY GRAM AND THAT SHE WOULD GET A TAXI HOME. DEPUTY BANG 1187 AND DEPUTY WATTS 1299 LATER RECEIVED A CALL FOR SERVICE IN REFERENCE TO A SILVER VEHICLE EASTBOUND ON WEST NORVELL BRYANT WITH SEVERE FRONT END DAMAGE WITH NO LIGHTS ON. THE VEHICLE WAS REPORTEDLY SWERVING AND BUMPING THE RAISED CURB, SEE THEIR SUPPLEMENTS FOR FURTHER. ON 012317 I RESPONDED TO THE TRAFFIC STOP LOCATION OF WEST NORVELL BRYANT HIGHWAY AND NORTH LECANTO HIGHWAY, IN LECANTO; SAID DEPUTIES WERE ALREADY ON SCENE. I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HER WHY SHE DROVE HER VEHICLE AFTER DARK DESPITE BEING PREVIOUSLY WARNED. THE DEFENDANT ADVISED THAT THE VEHICLE WAS HER ONLY SOURCE OF TRANSPORTATION AND THAT, NOW THAT SHE HAD THE MONEY, SHE WOULD FIX IT. I OBSERVED THE DEFENDANT TO BE JITTERY AND EXTREMELY NERVOUS. I ALSO SMELLED THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE VEHICLE. I ASKED THE DEFENDANT IF SHE WOULD SUBMIT TO FIELD SOBRIETY TASKS. AFTER A LENGTHY EXPLANATION, I ASKED THE DEFENDANT AGAIN IF SHE WOULD SUBMIT TO FIELD SOBRIETY TASKS, TO WHICH SHE REPLIED THAT SHE WOULD. THE DEFENDANT ADVISED THAT THE SMELL OF AN ALCOHOLIC BEVERAGE WAS DUE TO HER HUSBAND HAVING SPILT BEER IN THE VEHICLE THE NIGHT BEFORE. THE DEFENDANT THEN SPONTANEOUSLY UTTERED THAT SHE WAS A RECOVERING ADDICT AND THAT SHE WAS CURRENTLY PRESCRIBED LYRICA. THE DEFENDANT FURTHER STATED THAT SHE HAD TAKEN HER MEDICATION AS PRESCRIBED. I OBSERVED THE BOTTLE OF LYRICA WHICH HAD AN PRESCRIPTION DATE OF 012217 FOR A TOTAL OF 30 PILLS WITH INSTRUCTIONS OF ONE EVERY EIGHT HOURS, AS NEEDED. UPON COUNTING THE MEDICATION, THERE WERE ONLY 18 PILLS IN THE BOTTLE. IF THE MEDICATION WAS TAKEN AS PRESCRIBED, OVER THE COURSE OF 48 HOURS, ONLY 6 PILLS SHOULD BE MISSING; HOWEVER, THERE WERE 12 PILLS MISSING. THE DEFENDANT WAS READ MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I ALSO READ THE DEFENDANT HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BLOOD, BREATH, OR URINE FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH AND THAT SHE UNDERSTOOD THE IMPLIED CONSENT. 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. THE DEFENDANT ADVISED THAT SHE HAD A BROKEN LEG SEVERAL MONTHS AGO. I ASKED THE DEFENDANT IF THIS INJURY AFFECTED HER ABILITY TO WALK THROUGH THE GROCERY STORE WITHOUT PAIN OR AFFECT HER BALANCE IN ANY WAY, TO WHICH SHE REPLIED THAT IT 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. 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. THE DEFENDANT ALSO HAD VERTICAL NYSTAGMUS. THROUGH MY TRAINING AND EXPERIENCE, VERTICAL NYSTAGMUS IS TYPICAL OF ILLICIT DRUG OR PRESCRIPTION MEDICATION USE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO STAND IN THE INSTRUCTED POSITION. THE DEFENDANT STARTED AND STOPPED MULTIPLE TIMES, STATING THAT SHE WAS INCAPABLE OF COMPLETING THE TASK. I ASKED THE DEFENDANT IF SHE NEED THE INSTRUCTION REPEATED, TO WHICH SHE REPLIED YES. I REPEATED ALL INSTRUCTIONS FROM THE BEGINNING, INCLUDING REPEATING MY DEMONSTRATION. THE DEFENDANT ADVISED THAT SHE COMPLETELY UNDERSTOOD THE INSTRUCTIONS AND TOOK NINE HEEL-TOE STEPS ACROSS THE LINE RAISING HER LEFT ARM OUT TO HER SIDE FOR BALANCE. THE DEFENDANT STOPPED ON HER NINTH STEP, LOOKED AT ME, AND ASKED WHAT SHE NEEDED TO DO NEXT. THE INSTRUCTIONS WERE REPEATED AGAIN. THE DEFENDANT WAS THEN ASKED TO ATTEMPT THE TASK AGAIN. ON HER SECOND ATTEMPT, THE DEFENDANT TOOK THREE STEPS ON THE LINE, NOT TOUCHING HELL TO TOE, LOST HER BALANCE, LEFT THE LINE, LOOKED AT ME, AND STATED âI CANâT DO THIS, THERE IS NO WAY I CAN DO THIS.â TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE DEFENDANTâS FIRST ATTEMPT AT THIS TASK SHE DID NOT COUNT AND HELD HER LEG IN THE AIR FOR APPROXIMATELY TWO SECONDS. ON THE DEFENDANTâS SECOND ATTEMPT, SHE COUNTED TO 1,001 AND LOST HER BALANCE. ON THE DEFENDANTâS THIRD ATTEMPT, SHE COUNTED TO 1,002, DABBED HER FOOT TO THE GROUND TO ASSIST HER BALANCE, RAISED HER LEG, AND RESUMED COUNTING TO 1,004. THE DEFENDANT LOWERED HER LEG, LOOKED AT ME, AND SAID âI CANâT, I CANâT DO THISâ. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. ON THE DEFENDANTâS FIRST ATTEMPT FOR THIS TASK, THE DEFENDANT TILTED HER HEAD BACK AND DID NOT CLOSE HER EYES. THE INSTRUCTIONS WERE RE-EXPLAINED TO THE DEFENDANT. ON HER SECOND ATTEMPT, THE DEFENDANT TILTED HER HEAD BACK AND CLOSED HER EYES. THE DEFENDANT COMPLETED THE TASK CORRECTLY; HOWEVER, DURING THE TASK, THE DEFENDANT WAS SWAYING LEFT AND RIGHT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI), HANDCUFFED, (DOUBLE LOCKED), BEHIND THE BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS SECURED, PER POLICY, AT AN APPROPRIATE TIGHTNESS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT COMPLAINED THAT HER HANDS WERE TURNING PURPLE. AT THAT TIME, I PULLED OVER and REPORTED MY MILEAGE, PER POLICY. I THEN TOOK A LOOK AT THE DEFENDANTâS CUFFS. THE DEFENDANT HAD TURNED HER WRIST SIDEWAYS INSIDE OF THE CUFF AND WEDGED IT, CAUSING CIRCULATION TO BE IMPEDED. I LOOSENED EACH CUFF ON THE DEFENDANTâS HANDS THREE TEETH. THE DEFENDANTâS CUFFS WERE THEN SUBSTANTIALLY LOOSE; HOWEVER, IT DID NOT APPEAR THAT SHE WOULD LOSE CIRCULATION, SHOULD SHE TURN HER WRIST SIDEWAYS IN THE CUFF AGAIN. I THEN CONTINUED MY TRANSPORTATION OF THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO DEPUTY WATTS LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY NIGHTLY TOWING VIA THE ROTATION WRECKER SCHEDULE. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY CORRECTIONS OFFICER THOMPSON. THE DEFENDANT REFUSED TO COMPLETE THE FIELD SOBRIETY TASKS, DUE TO ALREADY ATTEMPTING THE TASKS ROADSIDE. THE DEFENDANT ADVISED THAT SHE WOULD PROVIDE A BREATH SAMPLE. THE DEFENDANT PROVIDED TWO BREATH SAMPLES OF 0.00 AND 0.00, RESPECTIVELY. I ASKED THE DEFENDANT IF SHE WOULD PROVIDE A URINE SAMPLE, DUE TO HER STATEMENTS ABOUT HER PRESCRIPTION MEDICATION, LYRICA. SHE INITIALLY ADVISED THAT SHE WOULD PROVIDE A SAMPLE, HOWEVER CHANGED HER MIND AND STATED THAT SHE WOULD NOT PROVIDE A SAMPLE. I ASKED THE DEFENDANT IF SHE WAS CERTAIN THAT SHE WANTED TO REFUSE TO PROVIDE A SAMPLE. SHE ADVISED THAT SHE WOULD NOT PROVIDE A URINE SAMPLE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A BOND SET AT $1,000.00, BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER A44KSAE WITH A MANDATORY COURT APPEARANCE ON 020917 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A7YPREE, FOR OPERATING A VEHICLE WITH UNSAFE OR DEFECTIVE EQUIPMENT WITH A $113.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
