| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR13-4638) 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 REFUSE SUBMIT TO TESTING, DRIVING PREVIOUSLY SUSPENDED FOR REFUSAL, IN VIOLATION OF FLORIDA STATE STATUTE, 316.1939(1)(E) ON 022313, AT 1757 HOURS, I WAS TRAVELLING SOUTHBOUND ON CARL G ROSE HIGHWAY WHILE APPROACHING OLIVE LANE. THE WEATHER CONDITIONS WERE CLEAR, WITH LITTLE TO NO WIND. THE ROAD CONDITIONS WERE DRY, WITH NO OBVIOUS DEFECTS. APPROXIMATELY ONE QUARTER TO ONE HALF MILE AHEAD OF ME, I OBSERVED A VEHICLE TRAVELING SOUTHBOUND ON CARL G ROSE HIGHWAY. I THEN OBSERVED THE BACK OF THE VEHICLE RAISE UP AND SMOKE FROM WHAT APPEARED TO BE SKIDDING TIRES ON THE PAVEMENT. I THEN OBSERVED THE VEHICLE ABRUPTLY LEAVE THE ROADWAY TO THE RIGHT. AT THAT TIME, THE VEHICLE ABRUPTLY RETURNED TO THE ROADWAY. WHILE CATCHING UP TO THE VEHICLE, I PASSED THE SPOT WHERE THE VEHICLE HAD RUN OFF THE ROAD, AND OBSERVED A TIRE SKID MARK ON THE PAVEMENT. THIS SKID MARK LED OFF AND CONTINUED IN TO THE GRASS. I THEN OBSERVED THE VEHICLE CROSS THE DOUBLE YELLOW LINE WITH ITS LEFT SIDE TIRES, AND THEN CROSS THE WHITE FOG LINE WITH THE RIGHT SIDE TIRES. I CAUGHT UP WITH THE VEHICLE, WHERE I OBSERVED IT ABRUPTLY WEAVING BACK AND FORTH IN THE LANE OF TRAVEL BEHIND OTHER TRAFFIC IN FRONT OF IT. AT THAT TIME, I ACTIVATED MY EMERGENCY WARNING LIGHTS, AT WHICH TIME THE VEHICLE CONTINUED SOUTH ON CARL G ROSE HIGHWAY WITH NO CHANGE IN SPEED. I THEN ACTIVATED MY SIREN, WHERE THE VEHICLE CONTINUED SOUTH WITH NO CHANGE IN SPEED. I ADVISED DISPATCH THAT I WAS FOLLOWING A POSSIBLY IMPAIRED OPERATOR AND ACTIVATED MY SIREN. THE VEHICLE THEN PULLED IN TO THE NORTH ENTRANCE OF THE FAMILY DOLLAR STORE AND STOPPED. I APPROACHED THE DRIVERâS SIDE AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MS PATRICIA A FLETCHER. I ASKED THE DEFENDANT FOR HER DRIVERâS LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT THEN PRODUCED HER FLORIDA DRIVERâS LICENSE, HOWEVER, SHE STATED SHE DID NOT HAVE HER VEHICLE REGISTRATION OR PROOF OF INSURANCE. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HER SPEECH TO BE SLURRED, THICK TONGUED AND MUSH MOUTHED. I ALSO OBSERVED HER EYES TO BE WATERY AND REDDENED, AND SMELLED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON, OR ABOUT, HER PERSON. THE DEFENDANT ALSO APPEARED TO BE CONFUSED. I RETURNED TO MY PATROL VEHICLE TO CONDUCT A CHECK OF THE DEFENDANTâS DRIVERâS LICENSE AND VEHICLE REGISTRATION. WHEN COMPLETED, I RETURNED TO THE DEFENDANTâS VEHICLE. I THEN ASKED THE DEFENDANT TO STEP FROM HER VEHICLE AND COME BEHIND HER VEHICLE. WHILE OBSERVING THE DEFENDANT, I NOTICED THAT SHE APPEARED TO BE UNSTEADY IN HER MOVEMENTS. 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 SHE DID NOT. THE DEFENDANT IS AN AMPUTEE AT THE KNEE ON THE RIGHT LEG. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE INSTRUCTED AND COULD NOT PERFORM THE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK THE DEFENDANT REFUSED TO COMPLETE IT. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN DURING THE INSTRUCTION PHASE, ATTEMPTED TO COMPLETE THE TASK WITHOUT INSTRUCTION AND WAS NOT ABLE TO PERFORM THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN SEARCHED AND HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, AND SEATED IN THE REAR OF MY PATROL VEHICLE. WHILE PLACING THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE, SHE CONTINUED TO ASK IF I WAS RELATED TO âCLEAN AND TIDYâ. I INSTRUCTED THE DEFENDANT TO LOOK TO HER LEFT, SO I COULD BUCKLE HER SEATBELT. AFTER NUMEROUS REQUESTS, THE DEFENDANT REFUSED TO LOOK TO HER LEFT. AT THAT TIME, I PLACED MY LEFT FOREARM AGAINST HER LOWER JAW AND HELD HER HEAD TO THE LEFT WHILE I SEAT BELTED HER IN THE REAR OF MY PATROL VEHICLE. DURING THIS TIME, THE DEFENDANT CONTINUED TO ASK IF I WAS RELATED TO âCLEAN AND TIDYâ. I THEN INSPECTED THE DEFENDANTâS VEHICLE, WHERE I OBSERVED GRASS STUCK BETWEEN THE RIGHT FRONT RIM AND THE RIGHT FRONT TIRE. THE DEFENDANT REQUESTED THAT HER VEHICLE BE REMOVED BY HER FRIEND WHO ARRIVED ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO CORRECTIONS OFFICER SIBILIA TO CONDUCT A BREATH TEST. OFFICER SIBILIA THEN ADVISED THAT THE DEFENDANT REFUSED TO PROVIDE A SAMPLE. A CHECK OF THE DEFENDANT THROUGH THE âDAVIDâ SYSTEM REVEALED THAT SHE HAD A PRIOR REFUSAL. THE DEFENDANT WAS ISSUED CRIMINAL DUI CITATION, 7224-XGA, FOR DRIVING UNDER THE INFLUENCE, WITH HER BOND SET AT $1,000.000 PER THE BOND SCHEDULE THE DEFENDANT WAS ALSO ISSUED CRIMINAL CITATION 6889WQB, FOR REFUSAL WITH A PRIOR CONVICTION FOR REFUSAL. THE DEFENDANTâS BOND WAS SET AT $500.00 FOR PRIOR REFUSAL. THE DEFENDANT WAS ALSO ISSUED INFRACTION CITATION NUMBER 686WQB, FOR FAILURE TO DRIVE WITHIN A DESIGNATED LANE. |
