| Probable cause affidavit: |
SUBMITTED BY: SEFFERN, JONATHAN 0623 (AR08103236) did, knowing HER driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(a). 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). ON 051508 AT APPROXIMATELY 1725 HOURS, WHILE DRIVING NORTH BOUND ON SOUTH SUNCOAST BOULEVARD IN THE AREA OF WEST GROVER CLEVELAND BOULEVARD, THIS DEPUTY OBSERVED A SMALL DARK IN COLOR CAR ALSO DRIVING NORTH BOUND IN FRONT OF THIS DEPUTY SWERVING IN AND OUT OF THE LANE THAT THIS VEHICLE OCCUPIED. THIS DEPUTY OBSERVED THE VEHICLE DRIVE ON THE EAST BOUND CURVE OF SOUTH SUNCOAST BOULEVARD APPROXIMATELY FOUR TIMES AND ALSO DRIVE INTO THE INSIDE LANE OF NORTH BOUND TRAFFIC ON SOUTH SUNCOAST BOULEVARD APPROXIMATELY FIVE TIMES. THIS DEPUTY FOLLOWED THIS VEHICLE FOR APPROXIMATELY ONE QUARTER OF A MILE OBSERVING THE DRIVER'S DRIVING ACTIONS. THIS DEPUTY INITIATED A TRAFFIC STOP UTILIZING ALL MY EMERGENCY EQUIPMENT AT 3704 SOUTH SUNCOAST BOULEVARD WHICH IS IN THE AREA OF WEST ELKHORN DRIVE AND SOUTH SUNCOAST BOULEVARD AFTER THE VEHICLE CUT OFF A VEHICLE IN THE INSIDE LANE OF THE NORTH BOUND TRAFFIC ON SOUTH SUNCOAST BOULEVARD. UPON THIS DEPUTY MAKING CONTACT WITH THE DRIVER/DEFENDANT OF THE OBSERVED VEHICLE, THIS DEPUTY OBSERVED THE DEFENDANT TO BE CLOTHED IN ONLY A HALF TOP TYPE SHIRT AND NO BOTTOM CLOTHING. AT THAT TIME, THIS DEPUTY ADVISED THE DEFENDANT THAT SHE NEEDED TO PUT SOME ADDITIONAL CLOTHING ON. UPON THE DEFENDANT CLOTHING HERSELF, I THEN ASKED THE DEFENDANT TO PROVIDE HER DRIVER'S LICENSE, PROOF OF VEHICLE REGISTRATION, AND PROOF OF INSURANCE FOR THE VEHICLE. AT THAT TIME, THIS DEFENDANT PROVIDED THIS DEPUTY WITH A GEORGIA IDENTIFICATION CARD AND THE VEHICLE REGISTRATION. THIS DEPUTY THEN ASKED THE DEFENDANT IF SHE HAD A VALID DRIVER'S LICENSE TO WHICH SHE ADVISED THAT HER DRIVER'S LICENSE HAD BEEN SUSPENDED FOR APPROXIMATELY THREE MONTHS. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE TO VERIFY THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED TO WHICH A CHECK OF FCIC/NCIC ADVISED THE DEFENDANT'S DRIVER'S LICENSE WAS IN FACT SUSPENDED FOR REPEAT GEORGIA SERIOUS COMMERCIAL VIOLATIONS ON 040408. AT THAT TIME, THIS DEPUTY THEN RETURNED TO THE DEFENDANT AND ASKED IF SHE WAS UNDER THE INFLUENCE OF ANY ALCOHOL OR NARCOTICS TO WHICH SHE ADVISED SHE HAD BEEN DRINKING ALCOHOLIC BEVERAGES EARLIER IN THE DAY. THIS DEPUTY THEN ADVISED HER THAT HER DRIVING ACTIONS WERE EXTREMELY ERRATIC AND THEN AGAIN ASKED HER HOW MUCH SHE HAD TO DRINK IN THE PAST COUPLE HOURS. AT THAT TIME, THE DEFENDANT THEN AGAIN ADVISED THAT SHE HAD ONLY DRANK A FEW BEVERAGES EARLIER IN THE DAY. AT THAT TIME, THIS DEPUTY REQUESTED BACK-UP IN REFERENCE TO FIELD SOBRIETY TASKS. AT THIS TIME, DEPUTY CIANCIA ARRIVED ON SCENE TO ASSIST THIS DEPUTY WITH THE FIELD SOBRIETY TASKS. 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 LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE TASK WAS NOT ABLE TO BE COMPLETED DUE TO THE DEFENDANT NOT BEING ABLE TO STAND UP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE TASK WAS NOT ABLE TO BE COMPLETED DUE TO THE DEFENDANT NOT BEING ABLE TO STAND UP. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND DRIVING WHILE LICENSE SUSPENDED (DWLS), KNOWINGLY.. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY PRESTIGE TOWING. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .094 AND .089. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE AND A BOND OF $500 FOR DWLS. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4021-XDX WITH A MANDATORY COURT APPEARANCE OF 060508 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 1637-FIR, FOR DWLS WITH A MANDATORY COURT DATE OF 060508 AT 1300 HOURS. *not-exempt* |
