| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR10117009) 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. ON 092310, this DEPUTY WAS DISPATCHED TO THE PARKING LOT OF THE CVS PHARMACY IN INVERNESS, IN REFERENCE TO A POSSIBLE PASSED OUT DRIVER IN A BLACK PONTIAC BEARING FLORIDA TAG NUMBER S994NN, WHICH WAS PARKED RIGHT IN FRONT OF THE STORE. THE COMPLAINANT FURTHER ADVISED THAT the PERSON HAD BEEN PASSED OUT IN the VEHICLE FOR APPROXIMATELY ONE HOUR. UPON ARRIVAL, I WALKED UP TO the BLACK PONTIAC WHICH HAD ITS HEADLIGHTS ON AND ENGINE RUNNING, AND OBSERVED THE WHITE FEMALE SLUMPED OVER IN THE DRIVER'S SEAT ON HER RIGHT SIDE TOWARDS THE CENTER COUNSEL AND APPEARED TO BE SLEEPING OR PASSED out. THIS DEPUTY BEGAN TO BANG ON THE WINDOW, WHICH TOOK SEVERAL SECONDS TO AWAKE THE DRIVER. UPON GETTING the DRIVER TO COME TOO, THIS DEPUTY IMMEDIATELY NOTICED A VERY SLOW REACTION TIME, SLOW MANNERISM, and VERY SLOW COMPREHENSION FROM the DRIVER. THE DRIVER WAS LATER IDENTIFIED THROUGH HER FLORIDA IDENTIFICATION CARD AS the DEFENDANT, MS PEGGY GREGORY. THE DEFENDANT HAD A HARD TIME FOCUSING ON ANYTHING AS WELL AS BALANCE AND CONCENTRATION. IT WAS DETERMINED THAT SHE TAKES MEDICATION TO INCLUDE PAIN MEDICATION, AS WELL AS XANAX; HOWEVER, SHE ADVISED THAT she HAD NOT TAKEN ANY XANAX SINCE 1600 HOURS EARLIER IN the DAY. SHE ADVISED THAT SHE HAD ALSO TAKEN TWO OF HER OTHER PAIN PILLS EARLIER IN the DAY. BASED ON the TOTALITY OF the CIRCUMSTANCES, this DEPUTY ASKED THE DEFENDANT TO EXIT HER VEHICLE AFTER TURNING the ENGINE OFF AND SHUTTING her LIGHTS OFF. I THEN OBSERVED HER BALANCE TO BE VERY UNSTEADY. I THEN HAD HER WALK TO THE BACK OF HER VEHICLE TO the FRONT OF MY VEHICLE. 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 HAD PROBLEMS WITH HER KNEES AND her BACK. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS 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 HAD TROUBLE BALANCING AND DID NOT COUNT HER STEPS. SHE WAS UNABLE TO COMPLETE THE TASK OVER CONCERN FOR HER SAFETY and NOT WANTING HER TO FALL OR INJURE HERSELF. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD A DIFFICULT TIME FOLLOWING INSTRUCTIONS WHICH HAD TO BE EXPLAINED AGAIN. THE DEFENDANT USED THE WRONG HAND AND WAS UNABLE TO SUCCESSFULLY COMPLETE the TASK. TASK FOUR, ROMBERG ALPHABET THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. PRIOR TO PERFORMING THE TASK, THE DEFENDANT WAS ASKED WHAT THE LAST GRADE SHE COMPLETED WHICH SHE STATED HIGH SCHOOL AND SHE STATED SHE KNEW THE ALPHABET. SHE WAS ABLE TO PERFORM THIS TASK with REASONABLE SUCCESS. AFTER A BRIEF CONVERSATION, THE DEFENDANT WAS SUBSEQUENTLY ARRESTED FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS PLACED IN the REAR OF MY PATROL VEHICLE, HANDCUFFED AND SEAT BELTED IN. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED ON SCENE PER HER REQUEST. SHE WAS THEN ADVISED OF HER MIRANDA WARNINGS VIA CARD AND ADVISED THAT SHE UNDERSTOOD, AND SHE DID NOT HAVE ANY PROBLEMS CONTINUING TO TALK TO ME. SHE WAS ADVISED OF HER IMPLIED CONSENT WHERE THIS DEPUTY REQUESTED A URINE SAMPLE TO WHICH SHE ADVISED THAT SHE WOULD PROVIDE ONE. IT APPEARED TO THIS DEPUTY THAT DURING THE ENTIRE INCIDENT, THE DEFENDANT HAD TROUBLE COMPREHENDING WHAT WAS going ON AND WHAT HAD OCCURRED. WHILE AT THE DETENTION FACILITY, SHE SUBMITTED TO SOBRIETY TASKS and PROVIDED A URINE SAMPLE. WHEN the SOBRIETY TASKS OPERATOR ADVISED HER THAT SHE would BE TAKING SEVERAL TASKS, SHE ASKED HIM "IS IT MULTIPLE CHOICE". AFTER THIS DEPUTY HAD SECURED A URINE SAMPLE FROM the DEFENDANT, I ASKED THE DEFENDANT WHAT WOULD THEY FIND IN HER SAMPLE AND SHE STATED XANAX. 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 0415-XDXX WITH A MANDATORY COURT APPEARANCE OF 100710 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THIS STOP WAS RECORDED BY MY IN-CAR CAMERA WHICH WILL BE TURNED IN TO EVIDENCE. THE URINE SAMPLE OBTAINED WILL BE TURNED IN TO EVIDENCE AND SENT OUT FOR ANALYSIS TO DETERMINE THE PRESENCE OF NARCOTICS. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
