| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR2437) THE DEFENDANT, MS REBECCA ELIZABETH EAR, 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 081912 AT APPROXIMATELY 0151 HOURS, WHILE CONDUCTING STATIONERY RADAR IN THE AREA OF HIGHWAY 486/WEST NORVELL BRYANT HIGHWAY AND DONOVAN STREET, I OBSERVED A DARK IN COLOR VEHICLE HEADED EASTBOUND ON HIGHWAY 486. I ACTIVATED MY RADAR, AND RECEIVED A CLEAR AUDIO DOPPLER TONE, AND TARGET SPEED READOUT OF 44 MILES PER HOUR. THE SPEED LIMIT IN THIS AREA IS SET AT 30 MILES PER HOUR, DUE TO IT BEING LOCATED IN A CONSTRUCTION ZONE. DEPUTY MERRITT (0757), WHO WAS RUNNING STATIONERY RADAR AS WELL, ALSO RECEIVED A TARGET SPEED READOUT OF 44 MILES PER HOUR. I THEN TURNED MY PATROL VEHICLE AROUND, AND ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT, AND CONDUCTED A TRAFFIC STOP ON NORTH MEADOWCREST BOULEVARD AND HIGHWAY 486. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS THE DRIVER AND SOLE OCCUPANT OF THE VEHICLE, AND ASKED HER FOR HER LICENSE, REGISTRATION AND PROOF OF INSURANCE, AS WELL AS ADVISING THE DEFENDANT OF WHY I WAS STOPPING HER. THE DEFENDANT HAD DIFFICULTY LOCATING HER DRIVERâS LICENSE, AND WAS ABLE TO PRODUCE HER INSURANCE AND REGISTRATION, WHICH SHE DID GIVE THIS DEPUTY. I COULD DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS BREATH WHILE SPEAKING WITH HER. I ASKED THE DEFENDANT WHETHER SHE HAD HAD ANYTHING TO DRINK THIS EVENING, AND SHE ADVISED THAT SHE HAD. THE DEFENDANT STATED THAT IT HAD BEEN EARLIER, AND WOULD NOT ADVISED THE TIME NOR AMOUNT OF CONSUMPTION. I THEN RETURNED TO MY VEHICLE, AND CONDUCTED A RECORDS CHECK OF THE DEFENDANTâS DRIVER'S LICENSE, WHILE WAITING FOR BACKUP TO ARRIVE ON SCENE. UPON BACKUPâS ARRIVAL, I AGAIN MADE CONTACT WITH THE DEFENDANT ,ASKING HER TO STEP OUT OF HER VEHICLE, AND ASKED HER TO PERFORM FIELD SOBRIETY TESTING. WHEN THE DEFENDANT STEPPED OUT OF THE VEHICLE, I NOTICED THAT HER SHORTS AND SHIRT WERE SOMEWHAT DISHEVELED AND NOT BUTTONED PROPERLY. I ASKED THE DEFENDANT TO STEP TO THE SIDE OF THE VEHICLE, ONTO THE ROADWAY WHERE THE SURFACE WAS SMOOTH AND LEVEL. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT SHE HAD HAD A HIP REPLACEMENT YEARS AGO, BUT THAT IT DID NOT GIVE HER ANY PROBLEMS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/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 HAD DIFFICULTY MAINTAINING HER BALANCE, AND WALKING ON A STRAIGHT LINE. THE DEFENDANT USED HER ARMS TWICE IN AN OUTWARD FASHION TO MAINTAIN HER BALANCE, AND THE DEFENDANTâS STEPS WERE SLOW AND UNSTEADY. THE DEFENDANT DID NOT PASS THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HER FOOT APPROXIMATELY SIX INCHES FROM THE GROUND, AND USED HER ARMS TO MAINTAIN HER BALANCE, AS WELL AS CLOSING HER EYES. THE DEFENDANT DID NOT FOLLOW MY INSTRUCTIONS. THE DEFENDANTS DID NOT LOOK DOWN AT HER FOOT WHILE COUNTING OR PERFORMING THIS TASK. THE DEFENDANT REPEATEDLY PUT HER FOOT DOWN ON THE GROUND, AND THEN PICKED IT UP AGAIN EVERY OTHER NUMBER SHE COUNTED. THE DEFENDANT DID LOSE HER BALANCE, AND I DID HAVE TO REACH OVER TO HELP HER MAINTAIN AND REGAIN HER BALANCE. THE DEFENDANT DID NOT PASS THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADAMâS TOWING. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED, AND SECURED IN THE REAR OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO SUBMIT TO THE TEST OF HER BREATH, WITH THE RESULTS BEING 0.000. I THEN ASKED THE DEFENDANT IF SHE TOOK ANY MEDICATION, TO WHICH SHE ADVISED THAT SHE TAKES, WELLBUTRIN, CENESTIA, AND VALIUM. THE DEFENDANT ADVISED THAT SHE HAD LAST TAKEN HER VALIUM YESTERDAY, BUT WHAT UNSURE OF WHAT TIME, AND ALSO STATED THAT SHE TAKES IT ON AN AS NEEDED BASIS. THE DEFENDANT ALSO STATED THAT SHE HAD HAD FOUR DRINKS OF CRANBERRY AND VODKA AT THE LIQUID LAGOON BAR, WHICH SHE HAD BEEN AT BEFORE YOUR AFFIANT STOPPED HER. THE DEFENDANT ADVISED THAT SHE STARTED DRINKING AT 0230 HOURS YESTERDAY AND STOPPED AT 2200 HOURS TODAY, WHICH DOES NOT MATCH THE TIMEFRAME THAT SHE STATED SHE HAD BEEN DRINKING AT THE LIQUID LAGOON. THE DEFENDANT WAS ASKED TO SUBMIT TO A TEST OF HER URINE, WHICH THE DEFENDANT AGREED TO SUBMIT TO. OVER A PERIOD OF TWO HOURS, THE DEFENDANT STATED THAT SHE COULD NOT PROVIDE A SAMPLE OF HER URINE, EVEN AFTER BEING ASKED ON FOUR SEPARATE OCCASIONS TO DO SO. 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, CITATION NUMBER 7153XGAX, WITH A MANDATORY COURT APPEARANCE ON 091312, AT THE CITRUS COUNTY COURTHOUSE AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED CITRUS COUNTY SHERIFF'S OFFICE TRAFFIC WARNING NUMBER 99035501, FOR UNLAWFUL SPEED OF 44 MILES PER HOUR IN A 30 MILES PER HOUR ZONE. |
