| Probable cause affidavit: |
SUBMITTED BY: FRIESEN, ROBERT 0879 (AR13-5797) (FHPC130FF045805) 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 AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: PICK UP OWNED BY MR MOORE THE DEFENDANT, MS REBECCA BLOSSOM, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS/HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: STOP SIGN AND LIGHT POLE OWNED BY NATURE RESORT CAMPGROUND THE DEFENDANT, MS REBECCA BLOSSOM, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 052713, AT APPROXIMATELY 2337 HOURS, I WAS DISPATCHED TO A CRASH AT 10359 WEST HALLS RIVER ROAD. UPON MY ARRIVAL I SPOKE WITH THE TWO DEPUTIES ON SCENE. THEY STATED THAT THE DEFENDANT, MS REBECCA BLOSSOM WAS IN ACTUAL CONTROL OF THE VEHICLE AND THEY HAD A WITNESS, MR JOHN FREDERICK SHARP, WITNESS HER BEHIND THE WHEEL AND TOOK THE KEYS AWAY FROM HER AFTER SHE CRASHED. WHILE SPEAKING WITH THE DEFENDANT DURING THE CRASH INVESTIGATION I OBSERVED THAT SHE HAD BLOOD SHOT WATERY EYES, SLURRED, AND POOR BALANCE. AT 0048 HOURS I ADVISED THE DEFENDANT THAT I HAD CONCLUDED MY CRASH INVESTIGATION AND WAS CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER INVESTIGATION (DUI). I ASKED HER TO TAKE SOME FIELD SOBRIETY TEST TO WHICH SHE AGREES. 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 HE STATED THAT SHE DID NOT. 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 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 NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH HEAL TO TOE, STARTED THE TEST BEFORE I FINISHED EXPLAINING THE TEST, WALKED DOWN 17 STEPS AND WHEN I EXPLAINED SHE NEED TO WALK BACK 9 STEPS SHE HAD HER HANDS RAISED ABOVE SIX INCHES FROM HER SIDES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TRIED TO LIFT UP HER LEG BUT SAID THAT SHE COULD NOT DO THE TEST. 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. THE DEFENDANT STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASE TO THE DEFENDANTâS MOTHER PER HER REQUEST. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. 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 AT 0204 HOURS. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE AND TWO CHARGES OF DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A TOTAL BOND OF $1,500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM DUI TRAFFIC CITATION NUMBER 7935XBO1. |
