| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR15-16284) 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)(A). ON 090215, AT APPROXIMATELY 1648 HOURS, DEPUTY EICHHORN WAS ON ROUTE PATROL NEAR THE AREA OF NORTH LECANTO HIGHWAY AND NORTH FLORIDA AVENUE, IN HOLDER, WHEN A 'BOLO' CAME OUT FOR A POSSIBLE RECKLESS VEHICLE/DRIVING UNDER THE INFLUENCE DRIVER THAT WAS LAST SEEN TRAVELING SOUTHBOUND ON NORTH LECANTO HIGHWAY. THE 'BOLO' ADVISED THAT THE VEHICLE WAS A BLACK FOUR DOOR AND WAS POSSIBLY A NEWER CADILLAC. THE 'BOLO' ALSO ADVISED THAT THE DRIVER WAS A FEMALE THAT HAD DARK COLORED HAIR. DEPUTY EICHHORN THEN RESPONDED TO THE AREA OF CITGO GAS STATION, LOCATED AT 7033 NORTH FLORIDA AVENUE, WHERE SHE OBSERVED THE DEFENDANTâS VEHICLE, WHICH WAS A BLACK CADILLAC, FOUR DOOR, BEARING FLORIDA LICENSE PLATE 8390PC, PARKED ON THE SOUTH SIDE OF THE PARKING LOT. THE DEFENDANT, LATER IDENTIFIED BY HER FLORIDA DRIVER'S LICENSE AS MS NORA COCHRAN, WAS SITTING IN THE DRIVERâS SEAT WITH HER HEAD TILTED BACK AND HER EYES CLOSED, AS IF SHE WAS SLEEPING. DEPUTY EICHHORN ADVISED THAT THE DEFENDANT THEN DROVE HER VEHICLE TOWARDS THE WEST SIDE OF THE CITGO NEAR THE GAS PUMPS, AT WHICH TIME DEPUTY EICHHORN MADE CONTACT WITH THE DEFENDANT. UPON MAKING CONTACT WITH THE DEFENDANT, DEPUTY EICHHORN ADVISED THAT THE DEFENDANT HAD SLURRED SPEECH, A SLOW REACTION TIME, AND AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. SHE ADVISED THAT THE DEFENDANT APPEARED TO BE UNDER THE INFLUENCE AT THAT TIME. DEPUTY EICHHORN ADVISED THAT THE DEFENDANT TOLD HER SHE HAD PREVIOUSLY BEEN INVOLVED IN A TRAFFIC ACCIDENT AND SHE EXCHANGED INFORMATION WITH THE DRIVER; HOWEVER, THE INFORMATION THAT THE DEFENDANT PROVIDED DEPUTY EICHHORN, WHICH SHE ADVISED SHE GOT FROM THE OTHER DRIVER, HAD NOTHING TO DO WITH BEING IN AN ACCIDENT. THIS DEPUTY WAS THEN NOTIFIED TO RESPOND TO DEPUTY EICHHORNâS LOCATION. UPON ARRIVAL AT CITGO, I MADE CONTACT WITH DEPUTY EICHHORN WHO ADVISED ME OF THE CIRCUMSTANCES SURROUNDING HER ENCOUNTER WITH THE DEFENDANT. I THEN MADE CONTACT WITH THE DEFENDANT, WHO HAD GLASSY BLOODSHOT EYES, A VERY SLOW REACTION TIME, A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH, A DIFFICULT TIME CONCENTRATING ON ONE SPECIFIC TOPIC, AND A HARD TIME KEEPING HER EYES OPEN AS IF SHE WAS EXTREMELY DROWSY, AND APPEARED TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. THE DEFENDANT ADVISED THAT SHE HAD DRANK QUITE A LOT THE NIGHT BEFORE. 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 SHE DID NOT KNOW, BUT LATER STATED NO. 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 COULD NOT FOLLOW DIRECTIONS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOPPED WALKING TO STEADY HERSELF, MISSED HEEL TO TOE, IMPROPERLY TURNED, AND TOOK THE INCORRECT NUMBER OF STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, USED HER ARMS TO BALANCE, AND PUT HER FOOT DOWN SEVERAL TIMES. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HER EYES CLOSED, MISSED THE TIP OF HER NOSE SEVERAL TIMES, SWAYED WHILE STANDING, AND STARTED TO USE THE WRONG HAND FOR THE TASK. TASK FIVE, ROMBERG ALPHABET. I ASKED THE DEFENDANT WHAT WAS THE LAST GRADE SHE COMPLETED IN SCHOOL, TO WHICH SHE STATED SHE STARTED COLLEGE AND SHE KNEW THE ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ADVISED NOT TO SING THE ALPHABET OR SAY IT IN A RHYTHMIC FASHION. DURING THIS TASK, THE DEFENDANT SANG THE ALPHABET AS A CHILD DOES IN GRADE SCHOOL. 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. A SHORT TIME LATER, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED), AND SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. WHILE IN THE BACK OF MY PATROL VEHICLE, THE DEFENDANT WAS ADVISED OF HER MIRANDA WARNING, VIA CARD. THE DEFENDANT ADVISED SHE UNDERSTOOD HER RIGHTS, BUT WHEN ASKED IF SHE WANTED TO CONTINUE SPEAKING TO ME SHE ADVISED SHE DID NOT KNOW WHAT TO DO. SHE WAS THEN ADVISED OF HER IMPLIED CONSENT, WHERE SHE WAS ASKED TO PROVIDE A BREATH AND URINE SAMPLE. AGAIN, THE DEFENDANT ADVISED SHE DID NOT KNOW WHAT TO DO. THE DEFENDANTâS VEHICLE WAS PARKED IN THE PARKING LOT AT CITGO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO DETENTION FACILITY STAFF. WHILE AT THE DETENTION FACILITY, THE DEFENDANT REFUSED TO PROVIDE A BREATH SAMPLE OR URINE SAMPLE. THE DEFENDANT WAS ISSUED A DRIVING UNDER THE INFLUENCE REFUSAL CITATION, CITATION NUMBER 8856XBI9, WITH AN OUT OF CUSTODY COURT DATE OF 100115 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE ON SCENE SOBRIETY TASKS WERE VIDEO TAPED VIA IN-CAR CAMERA, WHICH WILL BE TURNED IN TO EVIDENCE. THE DEFENDANTâS BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. |
