| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR13-8115) 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; ON 112413, I WAS DISPATCHED TO EAST ARBOR STREET NEAR THE INTERSECTION OF SOUTH MAJOR TERRACE IN INVERNESS, IN REFERENCE TO A FEMALE DRIVING A WHITE MUSTANG THAT DROVE OFF THE SIDE OF THE ROAD TO POSSIBLY TURN AROUND, WHERE SHE DROVE INTO A RETENTION POND AND WAS POSSIBLY INTOXICATED. UPON ARRIVAL AT EAST ARBOR STREET, I LOCATED THE MUSTANG IN QUESTION BEARING FLORIDA LICENSE PLATE 095YVS, AT 5388 EAST ARBOR STREET. THE VEHICLE WAS OFF THE SOUTH SIDE OF THE ROAD AND APPEARED TO BE HUNG UP IN THE DITCH AT THE FRONT OF THAT RESIDENCE. THIS DEPUTY OBSERVED DAMAGE TO THE LEFT REAR QUARTER PANEL, WHICH WAS CAUSED FROM THE VEHICLE GOING INTO THE DITCH. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, LATER IDENTIFIED THROUGH HER FLORIDA DRIVER'S LICENSE AS MS PAMELA WARD, SHE WAS STILL SITTING IN THE DRIVERâS SEAT AND SHE QUICKLY TOOK A MOUTH FULL OF MOUTHWASH FROM A SMALL BOTTLE IN THE VEHICLE TO TRY AND MASK THE ODOR OF ALCOHOL EMANATING FROM HER BREATH. UPON SPEAKING WITH THE DEFENDANT, SHE HAD A HEAVY ODOR OF ALCOHOL EMANATING FROM HER BREATH, A SLOW REACTION TIME, GLASSY BLOODSHOT EYES AND APPEARED TO BE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. UPON ASKING THE DEFENDANT TO EXIT THE VEHICLE, SHE IMMEDIATELY GOT OUT OF THE VEHICLE AND SAID THAT SHE WAS WAITING ON SOMEONE TO PICK HER UP AND STARTED WALKING AWAY. AT THAT TIME, I TOLD HER TO TURN AROUND AND COME BACK TO MY LOCATION, DUE TO HER LEVEL OF INTOXICATION SHE BECAME VERY BELLIGERENT. OFF DUTY DEPUTY BLOTZ, WHO WAS ON SCENE AT THE TIME, EXPLAINED TO HER THAT SHE NEEDED TO FOLLOW THIS DEPUTYâS DIRECTIONS, AT WHICH TIME I TOLD HER RETURN TO THE VEHICLE AND SIT AT THE REAR OF THE VEHICLE. THIS WAS TO KEEP HER FROM STUMBLING AROUND IN THE DARK ON THE ROAD AND ENDANGERING HERSELF AND ANYONE DRIVING BY. UPON FURTHER CONTACT WITH DEPUTY BLOTZ, HE ADVISED THAT HE SHOWED UP PRIOR TO MY ARRIVAL AND THE DEFENDANT WAS IN THE DRIVERâS SEAT WITH THE KEYS IN THE IGNITION WHILE SHE WAS SITTING IN THE VEHICLE IN THE DITCH. DUE TO THE DAMAGE ON HER VEHICLE, I FINISHED THE ACCIDENT PART OF THE INVESTIGATION. I THEN HAD THE DEFENDANT, WHO WAS SITTING BACK IN THE DRIVERâS SEAT OF THE VEHICLE, ONCE AGAIN EXIT HER VEHICLE AND WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL VEHICLE. I THEN EXPLAINED TO HER THAT I WAS SWITCHING HATS FROM A CIVIL ACCIDENT INVESTIGATION TO A CRIMINAL DUI INVESTIGATION. I THEN READ THE DEFENDANT HER MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED NO I DONâT KNOW. 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 KNOW. SHE ALSO ADVISED THAT SHE DID HAVE A BACK ISSUE. 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 FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS DURING THIS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT FOLLOW INSTRUCTIONS, DID NOT TOUCH HEEL TO TOE, SIMPLY WALKED UP AND TURNED AROUND AND WALKED BACK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT PUT HER FOOT DOWN, USED A NEARBY MAILBOX FOR BALANCE, PUT THE HEEL OF HER FOOT ON THE GROUND AND COUNTED AND COULD NOT COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF HER NOSE, LOST HER BALANCE, STARTED USING THE WRONG HAND AND COULD NOT FOLLOW INSTRUCTIONS. ROMBERG ALPHABET. THE DEFENDANT WAS ASKED WHAT WAS THE LAST YEAR OF SCHOOL THAT SHE COMPLETED, WHERE SHE ADVISED THAT SHE HAD TWO YEARS OF COLLEGE AND SHE KNOWS THE ALPHABET. DURING THIS TASK THE DEFENDANT BEGAN BEFORE THE INSTRUCTIONS WERE COMPLETED. SHE SANG THE ALPHABET FROM A TO Z AND THEN SAID, L M N O P. I THEN EXPLAINED TO HER THE REST OF HER INSTRUCTIONS, AT WHICH TIME SHE SANG THE ALPHABET INCORRECTLY AGAIN AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SEATED IN THE REAR OF MY PATROL VEHICLE. I BEGAN TO READ THE DEFENDANT HER MIRANDA WARNINGS VIA CARD; HOWEVER SHE COULD NOT GET PAST HAVING THE RIGHT TO REMAIN SILENT AND ADVISED THAT SHE DID NOT UNDERSTAND IT. 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS VERY BELLIGERENT DURING THE ENTIRE INCIDENT. DEPUTY RAMOS REMAINED ON SCENE WITH THE DEFENDANT'S VEHICLE WHICH WAS LATER TOWED BY SCALLYâS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 REFUSAL CITATION, CITATION NUMBER 7778XBL3 WITH A MANDATORY COURT APPEARANCE ON 121913, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. WHILE AT THE JAIL THE DEFENDANT WAS VERY BELLIGERENT WITH JAIL STAFF AS WELL. THE ON SCENE FIELD SOBRIETY TASKS AS WELL AS THE TRANSPORT TO THE JAIL WERE VIDEOTAPED VIA IN CAR CAMERA, WHICH WILL BE LATER TURNED IN TO EVIDENCE. |
