| Probable cause affidavit: |
SUBMITTED BY: BAIRD, MATTHEW 0624 (AR10114799) 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(3)(C)(1); DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY ON 051310 AT 0822 HOURS, I WAS DISPATCHED TO THE INVERNESS FOOD MART LOCATED AT 2612 HIGHWAY 44 WEST IN INVERNESS IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL, I OBSERVED A GREEN FOUR DOOR SATURN BEARING FLORIDA TAG 546HKQ PARKED SIDEWAYS IN FRONT OF THE STORE, TAKING UP SEVERAL PARKING SPACES. THE VEHICLE WAS FACING TO THE WEST AND HAD DAMAGE TO THE RIGHT FRONT. I ALSO OBSERVED THAT THE GLASS DOUBLE DOORS ON THE FONT OF THE STORE HAD BEEN SHATTERED AND APPEARED TO HAVE BEEN PUSHED INWARD, CAUSING DAMAGE TO THE DOOR FRAME. AT THIS TIME THE DEFENDANT, LATER IDENTIFIED AS, MS NORMA KOZLAREK, VIA HER FLORIDA DRIVER'S LICENSE. THE DEFENDANT WAS SEATED IN THE DRIVER'S SEAT WITH THE KEYS IN THE IGNITION AND THE DOOR SHUT. THE DEFENDANT WAS THE SOLE OCCUPANT OF THE VEHICLE. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS STILL SEATED INSIDE THE VEHICLE. THE DEFENDANT REFUSED TREATMENT BY EMERGENCY MEDICAL SERVICES (EMS) AND STATED THAT SHE HAD RESPONDED TO THE FOOD MART IN ORDER TO GET A CUP OF COFFEE. THE DEFENDANT STATED, SHE BELIEVED THAT THE VEHICLE BRAKES HAD FAILED, CAUSING HER TO COLLIDE WITH THE BUILDING. I ASKED THE DEFENDANT IF SHE HAD ANY MEDICAL CONDITIONS TO WHICH SHE REPLIED NO. I ASKED THE DEFENDANT IF SHE WAS CURRENTLY TAKING ANY MEDICATIONS. THE DEFENDANT STATED, SHE SUFFERED FROM BACK PAIN AND WAS PRESCRIBED TRAMADOL, A PAIN MEDICATION, AND HAD LAST TAKEN IT AT 0400 HOURS ON 051310. THE DEFENDANT WAS UNABLE TO ADVISE THE DOSAGE OR QUANTITY SHE HAD TAKEN. DURING THE ACCIDENT INVESTIGATION, THE DEFENDANT'S SPEECH WAS SLURRED AND SHE HAD DIFFICULTY FOCUSING HER ATTENTION. THE DEFENDANT OFTEN REPEATED HERSELF AND HAD TO BE ASKED QUESTIONS REPEATEDLY. THE DEFENDANT WAS ISSUED A UNIFORM TRAFFIC CITATION (UTC) NUMBER 7678-FRY-3 FOR CARELESS DRIVING. AT THIS TIME, PUBLIC SERVICE OFFICER DORN ARRIVED ON SCENE AND COMPLETED A TRAFFIC CRASH REPORT. AFTER THE DEFENDANT'S ARREST, PUBLIC SERVICE OFFICER DORN ALSO REMAINED WITH THE VEHICLE UNTIL IT WAS REMOVED BY PRECISION TIRE ROTATION WRECKER. (SEE SUPPLEMENT) I THEN ADVISED THE DEFENDANT, THAT I WAS NOW INVESTIGATING THE FACT THAT SHE MAY HAVE DRIVING UNDER THE INFLUENCE WHICH MAY HAVE CAUSED THE CRASH. THE DEFENDANT STATED SHE HAD NOT BEEN DRINKING. I ASKED HER IF SHE WAS ON ANY MEDICATION TO WHICH SHE REPLIED NO. THIS DID NOT MATCH HER EARLIER STATEMENTS. I THEN ASKED THE DEFENDANT TO EXIT THE VEHICLE SEVERAL TIMES, BEFORE SHE UNDERSTOOD WHAT I WAS ASKING. UPON EXITING THE VEHICLE THE DEFENDANT WAS EXTREMELY UNSTEADY ON HER FEET, SWAYING BACK AND FORTH AND HAD TO USE THE VEHICLE DOOR TO SUPPORT HERSELF. THE DEFENDANT'S EYES WERE HEAVY LIDDED AND THERE WAS A WHITE FROTH AT THE CORNERS OF HER MOUTH. THE DEFENDANT AGAIN STATED THAT SHE HAD NOT BEEN DRINKING AND ADDED THAT SHE DID NOT TAKE DRUGS. AT THIS TIME, I ASKED THE DEFENDANT IF SHE WOULD PARTICIPATE IN SOME FIELD SOBRIETY TASKS SO THAT I COULD EVALUATE HER ABILITY TO OPERATE A MOTOR VEHICLE AND DETERMINE HER LEVEL OF IMPAIRMENT. SHE STATED THAT SHE WOULD. 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. THE DEFENDANT WAS UNABLE TO TOUCH THE TIP OF MY PEN WITH HER FINGER ON HER FIRST SEVERAL ATTEMPTS. 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. DURING THE TASK I HAD TO ADVISE THE DEFENDANT NUMEROUS TIMES TO KEEP HER HEAD FACING FORWARD AND TO FOLLOW THE TIP OF MY PEN WITH HER EYES ONLY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO BALANCE WITHOUT RAISING HER ARMS AND DID NOT PLACE HER FEET, HEEL TO TOE. THE DEFENDANT ALSO REPEATEDLY LOST COUNT OF HER STEPS AND HAD TO BE ADVISED TO RESTART THE TASK. THE DEFENDANT THEN REMOVED HER SHOES AND AFTER SEVERAL MORE UNSUCCESSFUL ATTEMPTS STATED, SHE COULD NOT PERFORM THE TASKS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO MAINTAIN HER BALANCE ON ONE FOOT LONG ENOUGH TO PERFORM THIS TASK. AFTER REPEATED ATTEMPTS THE DEFENDANT STATED SHE COULD NOT PERFORM THIS TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT, SEVERAL TIMES USED THE WRONG HAND, MISSED HER NOSE AND HAD TO BE TOLD NUMEROUS TIMES TO PLACE HER HANDS BACK DOWN TO HER SIDES. 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 WITH PUBLIC SERVICE OFFICER DORN. 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 0.00 AND 0.00. THE DEFENDANT WAS AGAIN READ HER IMPLIED CONSENT WARNING AND WAS REQUESTED TO SUBMIT TO AN IMPROVED TEST OF HER BLOOD OR URINE. THE DEFENDANT REFUSED AND STATED TO THIS DEPUTY THAT SHE DID NOT NEED TO DRIVE ANYMORE. A REFUSAL TO SUBMIT FORM WAS COMPLETED. 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 9823-XCO-5 WITH A MANDATORY COURT APPEARANCE ON 060310 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
