| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR12-3590) (12-307998) 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(2)(A) ON 112412 AT APPROXIMATELY 0216 HOURS, I ARRIVED AT THE PARKING LOT OF WALMART IN INVERNESS, IN REFERENCE TO DEPUTY WILLIAMS TRAFFIC STOP. UPON MY ARRIVAL I MADE CONTACT WITH DEPUTY WILLIAMS. HE ADVISED THAT HE WAS TRAVELING WESTBOUND ON EAST GULF TO LAKE HIGHWAY IN AREA OF CROFT, WHEN HE OBSERVED THE DEFENDANT DRIVE THROUGH A RED TRAFFIC SIGNAL AT THE INTERSECTION OF EAST GULF TO LAKE HIGHWAY AND NORTH CROFT AVENUE. HE THEN CONDUCTED THE TRAFFIC STOP, WHICH ENDED UP IN THE PARKING LOT OF WALMART. HE ADVISED THAT UPON MAKING CONTACT WITH THE DEFENDANT, SHE HAD AN ODOR OF ALCOHOL EMITTING FROM HER PERSON, AND AT THAT TIME HE CONTACTED THIS DEPUTY. AFTER RECEIVING THAT INFORMATION, I THEN MADE CONTACT WITH THE DEFENDANT AT HER VEHICLE. SHE HAD A STRONG ODOR OF ALCOHOL EMITTING FROM HER PERSON, HER EYES WERE BLOODSHOT AND HER SPEECH WAS SLURRED. AT THAT TIME, I ASKED HER HOW MUCH SHE HAD TO DRINK TONIGHT AND SHE ADVISED THAT SHE HAD TWO MARGARITAS AT CRACKERS, AND THAT SHE WAS ON HER WAY TO PICK UP SOME FRIENDS THAT WERE INTOXICATED. AT THAT TIME, I HAD THE DEFENDANT EXIT HER VEHICLE AT WHICH TIME, SHE WAS VERY UNSTEADY ON HER FEET. I THEN HAD THE DEFENDANT WALK TO THE REAR OF HER 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 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 EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. DURING THIS TASK THE DEFENDANT WAS SWAYING BACK AND FORTH AND HAD TO BE TOLD SEVERAL TIMES TO NOT MOVE HER HEAD DURING THIS TASK. PRIOR TO PERFORMING THIS TASK, I ASKED IF SHE WANTED TO REMOVE HER HIGH HEELS, AT WHICH TIME SHE ADVISED THAT SHE LOVED HER HIGH HEELS AND SHE WAS NOT TAKING THEM OFF. 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. THE DEFENDANT STEPPED OFF THE LINE APPROXIMATELY SEVEN TIMES AND TOOK 14 STEPS INSTEAD OF THE NINE STEPS AS INSTRUCTED. ON THE TURN AROUND THE DEFENDANT LOST HER BALANCE AND WAS ABLE TO KEEP HERSELF FROM FALLING. THE DEFENDANT STILL CONTINUED TO NOT TOUCH HEEL TO TOE, STEPPING OFF THE LINE AN ADDITIONAL FIVE TIMES AND TOOK APPROXIMATELY 18 STEPS INSTEAD OF THE NINE STEPS AS INSTRUCTED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PICKED HER FOOT UP FOR A COUNT OF ONE AND PUT IT DOWN AND ADVISED ME THAT SHE COULD NOT DO THIS TASK IF SHE WAS SOBER. THE DEFENDANT THEN AGAIN ATTEMPTED TO PERFORM THIS TASK AND THEN ADVISED SHE WAS NOT GOING TO DO IT. 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 WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 492717-X9 WITH A MANDATORY COURT APPEARANCE OF 121312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8074GQF6, FOR VIOLATION OF A TRAFFIC CONTROL DEVICE FOR RUNNING A TRAFFIC LIGHT WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE WHICH WAS ISSUED BY DEPUTY WILLIAMS. |
