| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR08106049) 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. ON 110208 AT APPROXIMATELY 1750 HOURS, I RESPONDED TO THE AREA OF GARDEN AND CRESTWOOD TO PERFORM FIELD SOBRIETY TASKS ON THE DRIVER OF K-9 DEPUTY PRICES' TRAFFIC STOP. UPON ARRIVING AT THE SCENE, DEPUTY PRICE HAD ALREADY CONDUCTED THE TRAFFIC STOP AND WAS IN THE PROCESS OF DOING A CONSENSUAL SEARCH OF THE VEHICLE. AT THAT TIME, I MADE CONTACT WITH THE DRIVER IDENTIFIED AS MS MONICA BURNS. IN SPEAKING WITH MS BURNS I ASKED HER QUESTIONS IN REGARDS OF THE LAST TIME SHE ATE. SHE ADVISED SHE HAD A FROZEN BURRITO AROUND 1600 HOURS. ALSO IN SPEAKING WITH MS BURNS I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. SHE ADVISED SHE HAD APPROXIMATELY THREE 12 OUNCE BEERS AND ONE 16 OUNCE SPARKS ALCOHOLIC BEVERAGE. AT THAT TIME, I ASKED MS BURNS IF SHE WOULD SUBMIT TO A FIELD SOBRIETY TASK, TO WHICH SHE STATED YES. IN SPEAKING WITH MS BURNS, I ASKED HER IS SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD HINDER HER FROM PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE WAS A MASON AND HAD BAD KNEES. MS BURNS WAS ALSO ASKED IF SHE UNDERSTOOD THE ENGLISH LANGUAGE AND KNEW HER RIGHT FROM HER LEFT, TO WHICH SHE ADVISED YES. AT THAT TIME FIELD SOBRIETY TASKS WERE STARTED. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, THE DEFENDANT WAS ASKED TO TOUCH TO TIP OF THE PEN WITH HER RIGHT FINGER, WHICH SHE FAILED ON BOTH OCCASIONS. 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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ON THE FIRST ATTEMPT DID NOT COUNT AND KEEP HER ARMS BESIDE HER SIDE. THE DEFENDANT ATTEMPTED A SECOND TIME AND ALSO DID NOT COUNT AND PLACED HER LEG BACK ON THE GROUND AFTER APPROXIMATELY THREE SECONDS. TASK THREE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED SIDE TO SIDE AND DID NOT KEEP HER HEAD BACK AND HER EYES CLOSED. TASK FOUR, THE WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO COUNT OUT LOUD ON THE FIRST NINE STEPS OUT, FAILED TO TOUCH HEAL TO TOE ON ALL NINE STEPS, USED HER ARMS TO BALANCE HERSELF AND ALSO DID AN IMPROPER TURN. SHE FAILED TO TOUCH HEAL TO TOE ON THE REMAINING STEPS OUT, FAILED TO COUNT OUT LOUD, AND USED HER ARMS TO BALANCE HERSELF. AFTER FINISHING FIELD SOBRIETY TASKS THE DEFENDANT WAS ASKED EXACTLY HOW MANY BEVERAGES SHE HAD CONSUMED AND SHE STATED THAT SHE HAD A SIX PACK PLUS THE ONE SPARKS BEVERAGE. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE WITH HER PASSENGER AT THE REQUEST OF THE DEFENDANT THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .247 AND .246. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7188-XDO WITH A MANDATORY COURT APPEARANCE OF 112008 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
