| Probable cause affidavit: |
SUBMITTED BY: CORBIN, TERRY 0288 (AR12-2722) THE DEFENDANT DID OPERATE A MOTOR VEHICLE ON THE STREETS OF THIS COUNTY WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. THE DEFENDANT DID COMPLETE A SERIES OF FIELD SOBRIETY TASKS AND PERFORMED POORLY AND DID SUBMIT TO AN APPROVED TEST OF HER BREATH TO DETERMINE THE ALCOHOL CONTENT OF HER BLOOD WITH THE RESULTS BEING .157 AND .168. ON 091312, I RESPONDED TO A TRAFFIC STOP INITIATED BY DEPUTY JON SEFFERN, JR (0623) ON US 19 APPROXIMATELY ONE-HALF MILE SOUTH OF STATE ROAD 98. DEPUTY SEFFERN TOLD ME THAT HE HAD INITIATED A TRAFFIC STOP ON A TAN CROWN VICTORIA DRIVEN BY THE DEFENDANT, MS NICOLE RAE CORBIN. HE STATED THAT THE VEHICLE HAD BEEN SWERVING ALL OVER THE ROAD AND WHEN HE ACTIVATED HIS EMERGENCY LIGHTS THE VEHICLE PULLED INTO THE MEDIAN TURN AROUND AND STARTED AND STOPPED SEVERAL TIMES. HE STATED WHEN THE DRIVER/DEFENDANT EXITED THE VEHICLE SHE WAS PULLING UP AND ZIPPING HER PANTS AND PULLING HER SHIRT DOWN. HE STATED THAT A HISPANIC MALE, WHO WAS IN THE PASSENGER’S SEAT, WAS ALMOST COMPLETELY NAKED. AS HE SPOKE TO THE DEFENDANT THE HISPANIC MALE CRANKED UP THE CAR, WAVED AT THEM AND DROVE SOUTHBOUND ON US 19.. OTHER UNITS BOLO’D FOR THAT VEHICLE AND AT THE TIME OF THIS ARREST IT HAS NOT BEEN LOCATED. DEPUTY SEFFERN ADVISED ME THAT THE DEFENDANT APPEARED TO BE INTOXICATED AND SMELLED OF ALCOHOL. AT THAT TIME, I MADE CONTACT WITH MS CORBIN. SHE WAS SEATED IN THE REAR SEAT OF DEPUTY SEFFERN’S PATROL VEHICLE NOT HANDCUFFED. I IDENTIFIED MYSELF AND EXPLAINED THAT I WAS WITH THE TRAFFIC UNIT AND ASKED HER IF SHE HAD IN FACT BEEN DRIVING THE VEHICLE. THE DEFENDANT HAD EXITED THE VEHICLE AT THAT POINT AND SHE EXPLAINED TO ME SHE HAD IN FACT BEEN DRIVING. I TOLD HER THAT FROM TWO FEET AWAY I COULD SMELL ALCOHOL ON HER BREATH AND ASKED IF SHE COULD TELL ME HOW MUCH SHE HAD TO DRINK. SHE STATED, “AT LEAST THREE STRONG DRINKS. I WILL TAKE FST”S, BUT I GUARANTEE I WILL NOT PASS.” AT THAT TIME, I OBSERVED THAT THE DEFENDANT’S EYES WERE GLASSY, HER FACE FLUSH AND SHE WAS SWAYING NOTICEABLY. AT THAT TIME, WITH MY IN-CAR CAMERA ACTIVATED, WE MOVED TO THE FRONT OF MY PATROL VEHICLE, USING THE WHITE FOG LINE, WHICH WAS A SMOOTH PAVED SURFACE, THE LIGHTING WAS MY PATROL CAR HEADLIGHTS. 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 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 THE TEST THE DEFENDANT TURNED HER HEAD TWICE INSTEAD OF FOLLOWING WITH JUST HER EYES. SHE ALSO SWAYED NOTICEABLY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL-TO-TOE ON ANY STEP. SEVERAL STEPS BEING NORMAL 6 TO 8 INCH STEPS, SHE STEPPED OFF THE LINE SEVERAL TIMES IN BOTH DIRECTIONS. SHE USED HER ARMS FOR BALANCE. SHE TOOK 12 STEPS INSTEAD OF 9 ON THE FIRST SERIES AND 13 STEPS INSTEAD OF 9 ON THE SECOND SERIES. SHE ALSO DID NOT COUNT OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT WAS WEARING WEDGE SHOES WITH APPROXIMATELY THREE INCH HEELS. SHE LIFTED HER RIGHT LEG REPLACED IT TO THE GROUND TWICE WITHIN APPROXIMATELY SEVEN SECONDS. SHE THEN STUMBLED AND FELL ON HER BEHIND. AT THAT TIME, I HELPED THE DEFENDANT UP AND AT HER REQUEST SHE REMOVED HER SHOES. SHE THEN BEGAN THE TASK AGAIN TOUCHING HER FOOT SEVERAL TIMES TO THE GROUND, LIFTED HER LEG AT A 45 DEGREE ANGLE TO THE SIDE AS APPOSED TO THE FRONT, AND USED HER ARMS FOR BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED SHE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT MISSED HER NOSE TOUCHING THE BOTTOM EDGE OF THE NOSE ONCE OUT OF SIX ATTEMPTS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). SHE WAS HANDCUFFED BEHIND HER BACK AND PLACED IN REAR SEAT OF MY PATROL VEHICLE WHERE SHE WAS READ IMPLIED CONSENT. THE DEFENDANT DID NOT RESPOND EITHER WAY AS TO WHETHER SHE WOULD SUBMIT TO AN APPROVED TEST OF HER BREATH. SHE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE MENTIONED SEVERAL TIMES WITHOUT BEING PROMPTED THAT SHE HAD BEEN DRIVING THE VEHICLE AND THAT SHE HAD DRIVEN TO SAVE HER OWN LIFE. SHE STATED SOMETHING TO THE EFFECT SHE MIGHT BE DRUNK, BUT SHE SAVES PEOPLE’S LIVES FOR A LIVING. UPON ARRIVAL AT THE JAIL, THE DEFENDANT DID SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE RESULTS BEING .157 AND .168. THE DEFENDANT WAS ISSUED DUI CITATION NUMBER 4397-XDX3 FOR DUI WITH A BOND SET AT $500.,00, PER THE BOND SCHEDULE WITH A MANDATORY COURT APPEARANCE OF 092712 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. |
