| Probable cause affidavit: |
SUBMITTED BY: BARD, JUSTIN FHP 3789 (AR15-14360) 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); AND DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: BOTTLE CONTAINING 12 CIPROFLOXACIN-HCL, 500MG TABLETS, PRESCRIBED TO COLLEEN PRUITT, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: LESS THAN A GRAM OF COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE TROOPER JUSTIN BARD, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PLACING THE DEFENDANT UNDER ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. INVESTIGATION: AT THE ABOVE DATE AND APPROXIMATE TIME, I, TROOPER J BARD, ARRIVED TO ASSIST THE CITRUS COUNTY SHERIFF'S OFFICE WITH A POSSIBLE DRIVING UNDER THE INFLUENCE CASE, AT WHICH TIME, I MADE CONTACT WITH DEPUTY ANDRES LAHERA. DEPUTY LAHERA THEN INFORMED ME OF THE CONDITION OF THE DRIVER AND PROVIDED ME WITH HER FLORIDA DRIVER'S LICENSE. HE ALSO PROVIDED ME WITH TWO WHEEL WITNESSES; WITNESS ONE, OFF-DUTY DEPUTY RICHARD BRIGGS, AND WITNESS TWO, MR PAUL ANTON STEVENSON. I THEN PERSONALLY MADE CONTACT WITH THE DRIVER OF THE VEHICLE AND IDENTIFIED HER BY HER VALID FLORIDA DRIVERS LICENSE TO BE MS PAMELA SUE KIRKLAND. I IMMEDIATELY SMELLED THE ODER OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I OBSERVED THE DRIVER'S EYES AND FOUND THAT THEY WHERE WATERY AND BLOODSHOT. I ALSO OBSERVED AN OPEN CONTAINER OF COORS LIGHT IN THE CUP HOLDER CLOSEST TO THE DRIVER AND A BOTTLE OF WINE ON THE PASSENGER FLOORBOARD APPROXIMATELY THREE QUARTERS EMPTY. I THEN ASKED THE DRIVER IF SHE HAD CONSUMED ANY ALCOHOL, AT WHICH TIME THE DRIVER STATED SHE HAD BUT THAT DID NOT MAKE HER A BAD PERSON. AFTER HEARING THE DRIVER SPEAK IT WAS OBVIOUS THAT HER SPEECH WAS SLURRED. I ASKED THE DRIVER IF SHE WOULD PERFORM A FEW FIELD SOBRIETY EXERCISES AND SHE ACCEPTED. 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 EYES. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT BALANCE WHILE LISTENING TO INSTRUCTIONS AND ON MULTIPLE OCCASIONS CAME CLOSE TO FALLING TO THE GROUND. ALSO, THE DEFENDANT COULD NOT STAND WITH HER FEET TOUCHING HEEL TO TOE. I EXPLAINED, AS WELL AS DEMONSTRATED, MULTIPLE TIMES THAT THE DEFENDANT NEEDED TO STAND WITH HER RIGHT FOOT IN FRONT OF HER LEFT FOOT TOUCHING HEEL TO TOE. INSTEAD THE DEFENDANT STOOD WITH HER LEFT FOOT IN FRONT OF HER RIGHT FOOT WITH HER FEET OFFSET AND SEVERAL INCHES APART. THE DEFENDANT FAILED TO KEEP HER ARMS DOWN BY HER SIDE AND INSTEAD RAISED THEM FOR BALANCE MULTIPLE TIMES. THE DEFENDANT THEN STATED THAT SHE COULD NOT PERFORM THE EXERCISE. THE DEFENDANT FAILED THE EXERCISE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING AND USED HER ARMS FOR BALANCE BEFORE BEGINNING THE EXERCISE AND DURING THE EXERCISE. THE DEFENDANT WAS HOPPING AND COULD ONLY HOLD HER FOOT UP FOR A COUNT OF TWO SECONDS BEFORE PLACING HER FOOT BACK ON THE GROUND AND STATING THAT SHE COULD NOT PERFORM THE TEST. THE DEFENDANT FAILED THE EXERCISE. DUE TO SUFFICIENT EVIDENCE AND LACK OF COOPERATION, A FOURTH EXERCISE WAS NOT PERFORMED. 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. 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 DID RESIST ARREST WITHOUT VIOLENCE BY PUSHING AND TURNING AWAY FROM ME WHILE I WAS TRYING TO RESTRAIN HER. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY TONYâS TOWING IN INVERNESS, FLORIDA. A VEHICLE INVENTORY WAS CONDUCTED. WHILE INVENTORYING THE VEHICLE, I NOTICED A PILL BOTTLE LYING INSIDE HER OPEN PURSE ON THE PASSENGER SEAT. THE PILL BOTTLE CONTAINED 12 CIPROFLOXACIN-HCL, 500MG TABLETS, WHICH WERE PRESCRIBED TO MS COLLEEN PRUITT. WHILE BEING TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS VERY BELLIGERENT AND COMBATIVE. ON MULTIPLE OCCASIONS THREATS WHERE MADE TOWARD MYSELF. THE DEFENDANT ALSO SLIPPED HER LEFT HAND OUT OF THE HAND RESTRAINTS WHILE IN THE BACK SEAT OF MY PATROL VEHICLE AND THEN MADE MORE THREATS TO HARM ME. DEPUTY BRIGGS ARRIVED AND ASSISTED ME WHILE REPLACING THE HAND RESTRAINT ON HER. 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. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT'S PROPERTY WAS BEING INVENTORIED AND A SMALL BAGGIE CONTAINING A WHITE POWDERY SUBSTANCE WAS FOUND INSIDE A SMALL POUCH OF HER PURSE. THAT SUBSTANCE WAS THEN IDENTIFIED TO BE COCAINE BY A FIELD TEST KIT PROVIDED BY THE CITRUS COUNTY SHERIFF'S OFFICE. 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 0239-DUI, WITH A MANDATORY COURT APPEARANCE OF 040915 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A3VY6XE, FOR OPEN CONTAINER, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
