| Probable cause affidavit: |
SUBMITTED BY: VIGGIANO, PAUL 0682 (AR10114242) 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'S STATE STATUTE 316.193. ANY PERSON WHO IS CONVICTED OF A FOURTH OR SUBSEQUENT VIOLATION OF THIS SECTION, REGARDLESS OF WHEN ANY PRIOR CONVICTION OR A VIOLATION OF THIS SECTION OCCURRED, COMMITS A FELONY OF THE THIRD DEGREE. DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD ALCOHOL IN VIOLATION OF FLORIDA'S STATE STATUTE 316.1939(1)(E). ON 041110 AT APPROXIMATELY 0200 HOURS, WHILE ON PATROL IN THE AREA JUST NORTH OF SOUTH SUNCOAST BOULEVARD AND WEST CARDINAL STREET IN HOMOSASSA, I OBSERVED A VEHICLE TRAVELING IN THE NORTHBOUND OUTSIDE LANE, WHICH APPEARED TO BE HAVING DIFFICULTY DRIVING WITHIN A SINGLE LANE. I THEN FOLLOWED THE VEHICLE AND OBSERVED THE DRIVER CROSS OVER THE CENTER LINE AND THEN BACK OVER THE FOG LINE SEVERAL TIMES WITHIN APPROXIMATELY ONE MILE SPAN. AT THAT TIME, I ACTIVATED MY EMERGENCY EQUIPMENT AND INITIATED A TRAFFIC STOP ON THE VEHICLE IN THE AREA OF WEST VILLAGE STREET AND SOUTH SUNCOAST BOULEVARD. THE DRIVER OF THE VEHICLE LATER IDENTIFIED AS THE DEFENDANT, MS REVOLTA ZANE, DID NOT STOP THE VEHICLE OR ATTEMPT TO PULL OVER. AT THIS TIME I ADVISED DISPATCH THAT SHE WAS NOT STOPPING. I STAYED BEHIND THE DEFENDANT'S VEHICLE AND ACTIVATED MY SIREN AND MY HORN, AT WHICH TIME; THE DRIVER STILL IGNORED MY PRESENCE. THE DEFENDANT BEGAN TO SLOW DOWN APPROXIMATELY TWO MILES AFTER I HAD ACTIVATED MY EMERGENCY EQUIPMENT. THE DEFENDANT SLOWED DOWN TO APPROXIMATELY 25 MPH AND STILL HAD TROUBLE MAINTAINING A LANE. SHE THEN TURNED EAST ONTO WEST GREEN ACRES STREET AND PULLED INTO THE CHRISTIAN CENTER PARKING LOT AND CAME TO A STOP. I THEN MADE CONTACT WITH THE DRIVER, AT WHICH TIME, I SMELLED A STRONG ODOR OF ALCOHOL EMITTING FROM THE DEFENDANT. THE DEFENDANT ALSO HAD BLOODSHOT, WATERY EYES AND SLURRED SPEECH. I REQUESTED THE DEFENDANT'S DRIVER'S LICENSE REGISTRATION AND INSURANCE CARD. THE DEFENDANT, HAD A HARD TIME LOCATING THE DOCUMENTS I REQUESTED AND WAS FUMBLING THROUGH HER PURSE. THE DEFENDANT THEN HANDED ME HER DRIVER'S LICENSE, HOWEVER, I HAD TO REMIND HER SEVERAL TIMES THAT I HAD ALSO REQUESTED HER REGISTRATION AND INSURANCE CARD. WHILE THE DEFENDANT WAS LOOKING FOR HER REGISTRATION, I ASKED HER IF SHE HAD BEEN DRINKING ALCOHOLIC BEVERAGES, TO WHICH SHE REPLIED YES. THE DEFENDANT STILL HAD NOT PROVIDED ME WITH THE DOCUMENTS THAT I HAD REQUESTED AND IT APPEARED THAT SHE HAD FORGOTTEN WHAT I HAD ASKED FOR. I AGAIN ASKED HER FOR HER REGISTRATION AND INSURANCE CARD. AT THIS TIME SHE DID LOCATE HER INSURANCE PAPERWORK, HOWEVER THESE DOCUMENTS WERE EXPIRED. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE, AT WHICH TIME, SHE HAD A HARD TIME EXITING THE VEHICLE. THE DEFENDANT STUMBLED WHILE EXITING AND STATED THAT SHE HAD "SCREWED UP". I THEN ASKED THE DEFENDANT IF SHE HAD EVER BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE TO WHICH SHE REPLIED YES, TOO MANY TIMES. THE DEFENDANT ADVISED THAT SHE HAD JUST LEFT JOLLY ROGER'S BAR LOCATED BY THE HOWARD'S FLEA MARKET ON SOUTH SUNCOAST BOULEVARD. I THEN ASKED THE DEFENDANT SEVERAL TIMES IF SHE WOULD PERFORM THE STANDARDIZED ROADSIDE FIELD SOBRIETY TASKS, TO WHICH SHE REPLIED NO, SHE WISHED TO NOT COMPLETE THEM. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, BEHIND HER BACK, (DOUBLE LOCKED), AND SECURED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE PER HER REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXALYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH AND WAS THEREFORE CHARGED WITH REFUSAL TO SUBMIT TO THE APPROVED CHEMICAL/PHYSICAL TEST FOR ALCOHOL IN VIOLATION OF FLORIDA'S STATE STATUTE 316.1939(1)(E). UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, A CRIMINAL HISTORY WAS RUN ON THE DEFENDANT, WHICH REVEALED THAT ON 031804, THE DEFENDANT WAS CONVICTED OF DRIVING UNDER THE INFLUENCE, THIRD VIOLATION AFTER TEN YEARS, THEREFORE THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE FOURTH OFFENSE IN THE STATE OF FLORIDA. THE DEFENDANT'S BOND WAS SET AT $10,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION NUMBER 3072XDQ4 WITH A MANDATORY COURT APPEARANCE OF 042910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 2489ESHX, WITH A MANDATORY COURT APPEARANCE OF 042910 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE FOR REFUSING TO SUBMIT. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 2488ESH9 FOR FAIL TO DRIVE WITHIN SINGLE LANE WITH A FINE AMOUNT OF $166.00, PAYABLE TO THE CITRUS COUNTY COURTHOUSE WITHIN 30 DAYS. *NOT-EXEMPT* |
