| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID FHP2740 (AR13-8209) 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. 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 AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: 2005 HONDA ODYSSEY, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) ON 120413 AT APPROXIMATELY 1130 HOURS, THE DEFENDANT WAS TRAVELING WESTBOUND ON COUNTY ROAD 488 IN A 1990 CHEVY STATION WAGON AND UPON APPROACHING THE INTERSECTION OF US HIGHWAY 19, CRASHED INTO THE REAR OF A STOPPED VEHICLE DIRECTLY AHEAD. UPON MY ARRIVAL, I SPOKE WITH THE DEFENDANT, MS PAMELA REYNOLDS, AS WELL AS THE DRIVER OF THE VEHICLE SHE CRASHED IN TO. UPON COMPLETION OF MY NON-CRIMINAL TRAFFIC CRASH INVESTIGATION, I INFORMED THE DEFENDANT AT APPROXIMATELY 1312 HOURS, THAT I WAS NOW CONDUCTING A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION. AFTER DETERMINING THAT THE DEFENDANT WAS UNINJURED, WAS NOT DIABETIC, AND NOT CURRENTLY USING MEDICATIONS, I EXPLAINED THE FIELD SOBRIETY TASKS AS FOLLOWS: 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/DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP BALANCE WHILE LISTENING TO INSTRUCTIONS, STARTED BEFORE BEING INSTRUCTED TO DO SO, FAILED TO WALK HEEL TO TOE LEAVING APPROXIMATELY 4 INCH GAP, USED ARMS FOR BALANCE OVER 6â, TOOK SEVEN STEPS THEN STOPPED AND SAID SHE COULD NOT CONTINUE DUE TO A BAD HIP. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED ARMS FOR BALANCE AND PUT FOOT DOWN AT COUNT 11 AS SHE BEGAN TO TIP OVER. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO POINT FORWARD, KEPT PEEKING, DID NOT KEEP HEAD TILTED BACK, WOULD NOT PROPERLY FOLLOW THROUGH EXERCISE AS DIRECTED AND USED LEFT HAND WHEN I SAID RIGHT HAND. 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 AND DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, HANDCUFFED, BEHIND HER BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF DEPUTY DUNNâS PATROL VEHICLE FOR TRANSPORTATION TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS REMOVED BY ADAMâS TOWING 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 CHARGED WITH DRIVING UNDER THE INFLUENCE AND DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A TOTAL BOND OF WITH $1,000.00, PER THE BOND SCHEDULE. |
