| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR12-2959) (12-174093) 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) ON 093012 AT APPROXIMATELY 0438 HOURS, DEPUTY CLARK AND DEPUTY DOWLING WERE DISPATCHED TO AN ADDRESS IN INVERNESS, IN REFERENCE TO A POSSIBLE VERBAL ALTERCATION. PRIOR TO THEIR ARRIVAL THEY WERE ADVISED BY DISPATCH THAT ONE OF THE PARTIES INVOLVED, MS PATRICIA SIMON HAD LEFT THE RESIDENCE IN A GOLD CHEVROLET TWO DOOR. DISPATCH ADVISED THAT THEY WERE ADVISED THAT THE DRIVER WAS POSSIBLY HEAVILY INTOXICATED. DEPUTY CLARK BEGAN BOLOING THE AREA AT HIGHWAY 41 AND HIGHWAY 486, WHEN HE OBSERVED THE DEFENDANT DRIVING A TWO DOOR CHEVROLET GOLD IN COLOR DRIVING NORTH ON HIGHWAY 41. THE VEHICLE PULLED INTO THE GAS PUMPS AT THE CUMBERLAND FARMS LOCATED AT THE HIGHWAY 200 AND HIGHWAY 41 SPLIT. DEPUTY CLARK THEN PULLED INTO THE PARKING LOT NEAR THE DEFENDANTâS VEHICLE AND BEGAN SPEAKING WITH HER, IN AN ATTEMPT TO DO A WELL BEING CHECK. DEPUTY CLARK ADVISED THAT HE NOTICED THAT SHE APPEARED TO BE UNDER THE INFLUENCE POSSIBLY OF ALCOHOL, DUE TO HER SPEECH PATTERN, AN ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH, AS WELL AS HER BALANCE. A SHORT TIME LATER THIS DEPUTY WAS CONTACTED AND I RESPONDED TO THE SCENE. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, LATER IDENTIFIED AS MS PATRICIA SIMON. SHE HAD A HEAVY ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH AND PROBLEMS WITH HER BALANCE. SHE ALSO HAD GLASSY, BLOODSHOT EYES. I THEN ASKED HER IF SHE HAD CONSUMED ANY ALCOHOLIC BEVERAGES, TO WHICH SHE REPLIED THAT SHE HAD CONSUMED EIGHT BEERS AND ONE LOCO. 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. I THEN HAD HER WALK A SHORT DISTANCE AWAY, TOWARDS THE FRONT OF THE CUMBERLAND FARMS PARKING LOT, DUE TO MARKING LINES ON THE PARKING LOT AND LIGHTING. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DOES NOT TOUCH HEEL TO TOE, DOES NOT COUNT ALOUD, INCORRECTLY TURNED AND LOSES HER BALANCE AFTER COMPLETING TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYS WHILE BALANCING, USES ARMS TO BALANCE, PUTS FOOT DOWN TOO SOON, UNABLE TO COMPLETE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTS TO USE WRONG HAND, FAILS TO RETURN ARM TO SIDE. TASK FIVE, ROMBERG ALPHABET. THE DEFENDANT WAS ASKED WHAT WAS THE LAST GRADE SHE COMPLETED IN SCHOOL, TO WHICH SHE REPLIED SHE GRADUATED FROM HIGH SCHOOL AND DOES KNOW THE ALPHABET. SHE WAS ABLE TO COMPLETE THE ALPHABET WITHOUT ANY PROBLEMS HOWEVER; SHE WAS SWAYING BACKWARDS AND FORWARDS OVER SIX INCHES. SHORTLY THERE AFTER THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE AND SEAT BELTED IN. WHILE IN THE BACK OF MY PATROL VEHICLE THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. SHE ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. 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 SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND WITH HER PERMISSION PARKED IN THE CUMBERLAND FARMS PARKING LOT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY SHE PROVIDED A BREATH SAMPLE, THE RESULTS OF THE FIRST BEING .205 AND THE SECOND BEING .204. 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 UNIFORM TRAFFIC CITATION, NUMBER 7176XGA6, WITH A MANDATORY COURT APPEARANCE OF 101812 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE ON SCENE SOBRIETY TASKS WERE RECORDED VIA IN VEHICLE CAMERA AND WILL BE TURNED INTO EVIDENCE. |
