| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR12-2306) 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; did drive or was in the actual physical control of a vehicle at a time when HER blood or breath alcohol level was .08% or above and by reason of such operation of a vehicle caused DAMAGE TO THE PROPERTY OF another, to-wit: CRASHED THE VEHICLE INTO A DITCH, in violation of Florida Statute 316.193(3)(A)(B)(C)(1); DID, KNOWING her DRIVER’S 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); ON 080912 AT APPROXIMATELY 0524 HOURS, I RESPONDED TO THE AREA OF WEST GULF TO LAKE HIGHWAY AND SOUTH CRYSTAL GLEN DRIVE IN LECANTO. UPON MY ARRIVAL, I MADE CONTACT WITH EMERGENCY MEDICAL SERVICES (EMS) JOSH KING AND COMMANDER BURNS FROM THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO). I ALSO OBSERVED THE DEFENDANT, MS MOLLY ANN CARTER, TO BE STILL SITTING BEHIND THE WHEEL OF A FORD PICKUP, WHICH WAS IN THE DITCH ON THE SOUTHSIDE OF THE ROADWAY. MR KING ADVISED THAT HE WAS ON SOUTH CRYSTAL GLENN DRIVE AT WEST GULF TO LAKE HIGHWAY, WHEN HE OBSERVED THE DEFENDANT DRIVING EASTBOUND ON WEST GULF TO LAKE HIGHWAY. MR KING ADVISED THAT THE DEFENDANT MISSED STRIKING HIS VEHICLE AND DROVE INTO THE DITCH ON THE SOUTHSIDE OF THE ROADWAY AND BECAME STUCK. MR KING WALKED UP TO THE VEHICLE TO CHECK AND SEE IF THE DRIVER WAS ALRIGHT, AT WHICH TIME, HE COULD TELL THAT THE DEFENDANT WAS “DRUNK”. COMMANDER BURNS THEN ADVISED ME OF THE DEFENDANT’S NAME AND HANDED ME HER FLORIDA IDENTIFICATION CARD AND STATED THAT HER DRIVER'S LICENSE WAS SUSPENDED BECAUSE SHE DID NOT PAY TRAFFIC FINES. COMMANDER BURNS ASKED THE DEFENDANT IF THAT WAS RIGHT TO WHICH SHE STATED YES. I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH AND HER SPEECH WAS HEAVILY SLURRED. I THEN ASKED THE DEFENDANT IF SHE WOULD STEP OUT OF HER VEHICLE AND OVER TO THE ROADWAY, TO WHICH SHE THEN ASKED IF SHE COULD HOLD ON TO MY ARM TO HELP HER WALK. I WALKED THE DEFENDANT OVER TO SOUTH CRYSTAL GLEN DRIVE AND ASKED HER IF SHE WOULD PERFORM FIELD SOBRIETY TASKS. THE DEFENDANT THEN ASKED WHAT WOULD HAPPEN IF SHE DID NOT AGREE, TO WHICH I TOLD HER THAT HER DRIVER'S LICENSE WOULD BE SUSPENDED, TO WHICH SHE STATED IT ALREADY WAS SUSPENDED. SHE THEN AGREED TO PERFORM 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 THAT SHE DID NOT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/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 HAD A HARD TIME FOLLOWING MY INSTRUCTIONS AND ALSO HAD A HARD TIME KEEPING HER EYES OPEN WHILE PERFORMING THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE ON ANY OF HER STEPS. WHILE TAKING HER FIRST NINE STEPS, ON THE SIXTH STEP THE DEFENDANT DID NOT COUNT NUMBER SIX, BUT INSTEAD COUNTED NUMBER SIX ON HER SEVENTH STEP, TAKING A TOTAL OF 11 STEPS WHILE COUNTING TO THE NUMBER TEN. I HAD TO INSTRUCT THE DEFENDANT TO TAKE NINE STEPS BACK. THE DEFENDANT AGAIN DID NOT TOUCH HEEL TO TOE ON ANY OF HER STEPS AND DID NOT WALK ALONG THE STRAIGHT LINE. THE DEFENDANT DID NOT PASS THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HER LEFT FOOT OFF THE GROUND AND THEN PUT IT BACK DOWN, COUNTING TO THE NUMBER NINE THEN STOPPED. I INSTRUCTED THE DEFENDANT TO KEEP COUNTING TO THE NUMBER 30, WHICH THE DEFENDANT THEN ASKED IF I WANTED HER TO START OVER AGAIN. I INSTRUCTED THE DEFENDANT TO START COUNTING FROM WHERE SHE LEFT OFF, BUT THE DEFENDANT COULD NOT COMPLETE THIS TASK AS INSTRUCTED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. I ASKED THE DEFENDANT WHOSE VEHICLE SHE WAS DRIVING TO WHICH SHE STATED “KEITH’S”. I THEN ASKED THE DEFENDANT IF HE KNEW THAT SHE HAD HIS VEHICLE TO WHICH SHE STATED NO. DEPUTY RICCI RESPONDED TO THE VEHICLE’S OWNERS RESIDENCE AND MADE CONTACT WITH THE OWNER AND HE ADVISED THAT HE KNEW SHE HAD THE VEHICLE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) AND THE VEHICLE WAS LEFT WITH DEPUTY PATTERSON TO BE TOWED BY ADAM’S TOWING. THERE WAS SOME MINOR DAMAGE TO THE UNDERCARRIAGE OF THE VEHICLE, BUT IT IS UNKNOWN THE EXTENT DUE TO HOW FAR THE VEHICLE WAS BURIED IN THE DITCH. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE/SHE WAS READ HIS/HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .113 AND .110. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA CRIMINAL DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7146XGAX WITH A MANDATORY COURT APPEARANCE ON 082312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO CHARGED WITH DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY OF PERSON OF ANOTHER WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED CRIMINAL DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, CITATION NUMBER 7146XGAX WITH MANDATORY COURT DATE OF 082312 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. THE DEFENDANT WAS CHARGED WITH CRIMINAL DRIVING WHILE LICENSE SUSPENDED WITH A $500.00 BOND AND ISSUED CRIMINAL UNIFORM TRAFFIC CITATION (UTC) 7332WLQ3 WITH A MANDATORY COURT DATE OF 082312 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 7333WLQ4 FOR CARELESS DRIVING WITH A FINE OF $166.00 PAYABLE WITHIN 30 DAYS TO THE CLERK OF COURTS OFFICE. THE DEFENDANT’S TOTAL BOND WAS SET AT $1,500.00 PER THE BOND SCHEDULE. |
