| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR1200408) 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 032212, WHILE MYSELF AND DEPUTY NEWTON WERE RUNNING TRAFFIC ON HIGHWAY 491 JUST SOUTH OF WEST FLARE LANE, WE OBSERVED A RED PICKUP TRUCK TRAVELING NORTHBOUND ON HIGHWAY 491 AT THAT LOCATION FOLLOWING THE VEHICLE IN FRONT OF IT WITH LESS THAN A CAR LENGTH BETWEEN THE TWO VEHICLES. THE RED PICKUP WAS FOLLOWING THE CAR SO CLOSELY THAT IT COULD POSSIBLY CAUSE AN ACCIDENT. MYSELF AND DEPUTY NEWTON THEN PROCEEDED TO PERFORM A TRAFFIC STOP ON SAID VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER H092FN, ON HIGHWAY 491 NEAR THE ENTRANCE TO BLACK DIAMOND. WE IDENTIFIED THE DRIVER THROUGH HER FLORIDA DRIVER'S LICENSE AS NADINA SPENCE. MS SPENCE ADVISED THAT THE VEHICLE IN FRONT OF HER WAS HER HUSBAND, WHOM SHE WAS FOLLOWING HOME. MS SPENCE HAD GLASSY BLOODSHOT EYES, HAD SLOW REACTION TIME, AND A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH. WHILE DEPUTY NEWTON RAN MS SPENCE THROUGH DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE (DHSMV), I ASKED MS SPENCE IF SHE HAD ANYTHING TO DRINK PRIOR, TO WHICH SHE SAID TWO BEERS. A SHORT TIME LATER, I ASKED HER TO WALK A SHORT DISTANCE TO THE REAR OF DEPUTY NEWTONâS VEHICLE. 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 HAD A PREVIOUS BRAIN INJURY AND OPTICAL PROBLEMS WITH HER EYES. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. 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 STARTED BEFORE INSTRUCTIONS WERE FINISHED, DID NOT TOUCH HEEL TO TOE, LOOSES BALANCE WHILE WALKING, USES ARMS FOR BALANCE, AND COULD NOT FOLLOW INSTRUCTIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYS WHILE BALANCING, USES ARMS TO BALANCE, PUT FOOT DOWN, DID NOT COUNT, AND COULD NOT PERFORM TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO RETURN ARMS TO SIDE, AT ONE PONT STARTED TO USE THE WRONG HAND. TASK FIVE, RHOMBERG (ALPHABET RECITATION), THE DEFENDANT WAS ASKED WHAT WAS THE LAST GRADE SHE COMPLETED IN SCHOOL, TO WHICH SHE ADVISED COLLEGE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO SPEAK THE ALPHABET BETWEEN A TO Z IN A MONOTONE TONE AND NOT TO SING THE ALPHABET. DURING THIS TASK THE DEFENDANT SANG THE ALPHABET, AND THEN WAS ASKED TO REPEAT IT AGAIN WITHOUT SINGING IT, AND COMPLETED THE TASK. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. SHE ADVISED SHE UNDERSTOOD HER RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH 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. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. 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 .136 AND .146. 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, CITATION NUMBER 8793-XBI-X, WITH A MANDATORY COURT APPEARANCE ON 040512 AT 1300 HO0URS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING FOR FOLLOWING TOO CLOSELY. |
