| Probable cause affidavit: |
SUBMITTED BY: BLOTZ, GEOFFREY 0752 (AR15-13640) (15-11343) 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, AND SHE HAS A PRIOR CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(2)(A). ON 012515, UPON TRAVELING WEST ON HOMOSASSA TRAIL, I OBSERVED A RED VEHICLE TRAVELING EASTBOUND NAVIGATING A RIGHT HAND TURN. WHILE THE VEHICLE WAS EXITING THE TURN, I OBSERVED BOTH DRIVER SIDE TIRES CROSS IN TO THE ONCOMING LANE, WHICH RESULTED IN THE VEHICLE IN FRONT OF ME TO THE BRAKES AND MOVE OFF THE ROAD. AT THAT TIME, I THEN TURNED AROUND, ACTIVATED MY EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE FORD EXPEDITION, BEARING FLORIDA TAG DAHB29, AT WEST HOMOSASSA TRAIL AND SOUTH PORTLAND TERRACE. I THEN MADE CONTACT WITH THE DEFENDANT AT THE DRIVER SIDE OF HER VEHICLE. SHE HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HER PERSON. HER EYES WERE GLASSY AND HER SPEECH WAS SLURRED. I THEN ASKED THE DEFENDANT FOR HER DRIVER'S LICENSE, PROOF OF INSURANCE AND VEHICLE REGISTRATION. THE DEFENDANT PROVIDED ME WITH HER FLORIDA DRIVER'S LICENSE. WHILE SEARCHING OF HER REGISTRATION AND INSURANCE, SHE ASKED ME WHAT SHE HAD PREVIOUSLY PROVIDED ME. I THEN ADVISED HER THAT I HAD HER FLORIDA DRIVER'S LICENSE AND NEEDED HER VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT THEN PROVIDED ME WITH HER VEHICLE REGISTRATION BUT DID NOT HAVE PROOF OF INSURANCE. I THEN ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK, TO WHICH SHE STATED SHE HAD THREE COCKTAILS AND WAS ON HER WAY TO PICK UP HER AUNT ON WEST HOMOSASSA TRAIL. AT THAT TIME, I HAD DEPUTY VIGGIANO RESPOND TO THE SCENE. UPON DEPUTY VIGGIANO RESPONDING, I THEN ASKED THE DEFENDANT TO EXIT HER VEHICLE. WHILE SHE WAS EXITING THE VEHICLE, SHE WAS UNSTEADY ON HER FEET AND I ALSO NOTICED HER SHIRT WAS PULLED UP CLOSE TO HER NECK EXPOSING HER UNDERGARMENTS. 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 HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYES. 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 AND DID NOT COUNT OUT LOUD AS INSTRUCTED. ON THE TURN AROUND THE DEFENDANT WAS INSTRUCTED TO COUNT OUT LOUD. THE DEFENDANT STILL CONTINUED TO NOT WALK HEEL TO TOE AND STEPPED OFF LINE MULTIPLE TIMES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HER FOOT UP BUT FAILED TO COUNT OUT LOUD. THE DEFENDANT THEN AGAIN ATTEMPTED TO PERFORM THE TASK WITH HER LEFT FOOT, TO WHICH SHE PLACED HER TOE ON THE GROUND AND BEGAN TO COUNT OUT LOUD. I THEN ADVISED HER, HER TOE WAS ON THE GROUND AND SHE DID NOT COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO HOLD HER ARMS OUT HORIZONTALLY AND MULTIPLE TIMES FAILED TO PERFORM THE TASK I ASKED OF LEFT AND RIGHT ARMS. 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. 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 DID NOT GIVE A DEFINITE ANSWER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER HER REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .0138 AND .129. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, WITH A PRIOR CONVICTION, WITH A $2,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0291XEJ8, WITH A MANDATORY COURT APPEARANCE OF 020215 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING, NUMBER 353895B, FOR FAILURE TO DRIVE IN A SINGLE LANE. |
