| Probable cause affidavit: |
SUBMITTED BY: WARD, JOHN 0603 (AR08102563) 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 040708 AT APPROXIMATELY 0110 HOURS, I WAS DRIVING EASTBOUND ON STATE ROAD 44 EAST (GULF TO LAKE HIGHWAY) WHEN I PULLED UP BEHIND A VEHICLE TRAVELING IN THE SAME DIRECTION AT THE INTERSECTION OF CROFT AVENUE AND STATE ROAD 44. AS I WAS FOLLOWING THE VEHICLE I OBSERVED THE VEHICLE IN THE SOUTH LANE CLOSEST TO THE SIDEWALK, DRIVE OVER THE WHITE LINE ON THERE DIFFERENT OCCASIONS AND THIS VEHICLE FAILED TO MAINTAIN A SINGLE LANE. THE VEHICLE KEPT SWERVING BACK AND FORTH. WE WERE BOTH TRAVELING AT APPROXIMATELY 35 MILES PER HOUR IN A 50 MILE PER HOUR ZONE. AFTER THE THIRD TIME OF THE VEHICLE DRIVING OVER THE WHITE LINE, I ACTIVATED MY EMERGENCY LIGHTS AND INITIATED A TRAFFIC STOP. WHEN THE VEHICLE TURNED ON TO CRYSTAL BOULEVARD THE VEHICLE DROVE OVER THE CURB AND THEN CAME TO A STOP. I THEN EXITED MY PATROL VEHICLE AND I OBSERVED TWO OCCUPANTS IN THE VEHICLE AND BOTH OCCUPANTS WERE MOVING AROUND INSIDE THE VEHICLE AS I WAS APPROACHING IT. I MADE CONTACT WITH THE DRIVER AND ASKED HER FOR HER DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. AT THAT TIME I DETECTED A STRONG ODOR OF ALCOHOL AND OBSERVED A 24 PACK OF BUDWEISER, WITH THE CASE OPENED AT THE TOP, BETWEEN THE PASSENGER'S LEGS ON THE FLOORBOARD. AT THAT TIME THE DEFENDANT/DRIVER, MISS RHEA NESTOR, COULD ONLY PROVIDE ME WITH HER REGISTRATION TO THE VEHICLE AND COULD NOT FIND HER LICENSE OR INSURANCE. I THEN ASKED MS NESTOR TO STEP OUT OF THE VEHICLE. I OBSERVED AN OPEN CAN OF BEER ON THE FLOORBOARD. AT THAT TIME I ASKED MS NESTOR TO SUBMIT TO FIELD SOBRIETY TASKS. I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, AND SHE DID NOT RESPOND TO MY QUESTION. IT SHOULD BE NOTED THE TASKS WERE PERFORMED ON A FLAT ASPHALT SURFACE. 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. THE DEFENDANT MOVED HER HEAD SEVERAL TIMES WHILE PERFORMING THE TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED HEEL TO TOE. APPROXIMATELY FIVE STEPS INTO THE TASK THE DEFENDANT STATED THAT SHE HAS PROBLEMS WITH HER LEGS, TO WHICH SHE CONTINUED BUT STUMBLED SEVERAL TIMES, COULD NOT KEEP HER HANDS DOWN BY HER SIDES AND WOULD NOT COMPLETE THE TASK. AFTER TAKING THE FIRST NINE STEPS THE DEFENDANT STATED, "I CAN'T DO THIS." TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HELD HER FOOT APPROXIMATELY ONE FOOT OFF THE GROUND AND WAS VERY UNSTABLE. THE DEFENDANT COUNTED TO SIX AND PUT HER FOOT DOWN TWICE PRIOR COUNTING TO THAT NUMBER. THE DEFENDANT STATED, "I FUCKED UP", AND THEN STATED, "I CAN'T DO IT ANYMORE." AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. AT THAT TIME THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. 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 DID NOT RESPOND REGARDING CONSENT TO SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE PER THE REQUEST OF THE DEFENDANT. THE DEFENDANT'S SON WOULD BE PICKING THE VEHICLE UP IN THE MORNING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. AT THE DETENTION FACILITY THE DEFENDANT SUBMITTED TO THE BREATHALYZER TEST WITH THE TEST RESULTS BEING; .156 AND .154. PER BREATH TEST OPERATOR/WEPOKOS AFTER THE DEFENDANT BLEW THROUGH THE TEST MACHINE AND IT READ THE SAMPLE AT .156, SHE BLEW THROUGH THE MACHINE AGAIN WHILE IT WAS IN THE PROCESS OF CREATING A READING, AND THE MACHINE GAVE A READ OUT OF "REFUSED". 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 7270-XAD WITH A MANDATORY COURT APPEARANCE OF 042408 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 0709-FIR, FOR FAILURE TO MAINTAIN A SINGLE LANE, WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
