| Probable cause affidavit: |
SUBMITTED BY: ANSTEAD, LAURA 0459 (AR15-17254) 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 111515, I WAS PATROLLING HIGHWAY 44 EAST ASSISTING ANOTHER DEPUTY, ATTEMPTING TO LOOK FOR A VEHICLE INVOLVED IN A HIT AND RUN CRASH. WHILE TURNING ONTO HIGHWAY 44 FROM MAIN STREET, I OVERHEARD DEPUTY TITUS (1243) CONDUCT A TRAFFIC STOP AT 44 EAST AND GOSPEL ISLAND ROAD. I CONTINUED TO "BOLO" FOR THE HIT AND RUN VEHICLE. HOWEVER, I STOPPED OUT WITH DEPUTY TITUS AS I APPROACHED HIS LOCATION TO ENSURE THAT HE DID NOT NEED ANY ASSISTANCE. UPON ARRIVAL, DEPUTY TITUS ADVISED THAT THE VEHICLE HE HAD STOPPED HAD PASSED HIM ON HIGHWAY 44 AT A HIGH RATE OF SPEED, AT WHICH TIME HE ATTEMPTED TO PACE THE VEHICLE. HOWEVER, IT BECAME UNSAFE AS HE REACHED 80 MILES PER HOUR AND THE VEHICLE WAS STILL PULLING AWAY FROM HIM. DEPUTY TITUS ADVISED AT THAT TIME HE ACTIVATED HIS OVERHEAD LIGHTS AND SIRENS AND CONDUCTED A TRAFFIC STOP AT HIGHWAY 44 AND GOSPEL ISLAND ROAD. UPON LOOKING AT THE VEHICLE, I NOTICED THAT IT WAS A GOLD FOUR DOOR CHEVROLET IMPALA BEARING FLORIDA LICENSE PLATE ECZB69, AND IT WAS BEING DRIVEN BY THE DEFENDANT, A WHITE FEMALE WEARING A PINK DRESS, LATER IDENTIFIED AS MS RONNIE ANN HECKERT. I BEGAN SPEAKING WITH MS HECKERT TO ATTEMPT TO FIND OUT WHERE SHE WAS HEADED, AS HER ADDRESS ON HER DRIVER'S LICENSE WAS IN FLORAL CITY. THE DEFENDANT BEGAN EXPLAINING THAT SHE HAD JUST MOVED OUT TO 44 EAST AND WAS GOING TO BUY WATER BECAUSE THE WATER AT HER NEW RESIDENCE IS NOT GOOD. I IMMEDIATELY NOTICED THAT THE DEFENDANT HAD A THICK TONGUE AND SLURRED SPEECH. THE DEFENDANT CONTINUED TO EXPLAIN THAT SHE HAD RECENTLY MOVED AND SEEMED TO BE STUCK ON THE FACT THAT HER ADDRESS WAS NOT CORRECT ON HER DRIVER'S LICENSE. THE DEFENDANT ASKED ME THE SAME QUESTION REPEATEDLY, EVEN THOUGH I HAD ALREADY EXPLAINED THE ANSWER. I ADVISED DEPUTY TITUS THAT I BELIEVED THE DEFENDANT WAS IMPAIRED AND THAT I COULD SMELL ALCOHOL EMITTING FROM HER BREATH, WHICH GOT STRONGER WHEN SHE SPOKE. DEPUTY TITUS EXPLAINED THAT HE WAS DUE TO GO HOME SOON, AT WHICH TIME I ADVISED THAT I WOULD TAKE THE CASE FROM HIM. I POSITIONED MY PATROL VEHICLE IN A SAFE PORTION OF THE PARKING LOT, WHICH HAD MARKED LINES ON THE PAVEMENT AND ACTIVATED MY IN CAR CAMERA SYSTEM. I RETURNED TO THE DEFENDANT AND ASKED HER TO ACCOMPANY ME TO THE FRONT OF MY PATROL VEHICLE, WHICH SHE AGREED. I IMMEDIATELY NOTICED THAT THE DEFENDANT WAS HAVING BALANCE ISSUES AS SHE EXITED HER VEHICLE. WE WERE ON A FLAT, SMOOTH SURFACE AND UPON STEPPING OUT OF HER VEHICLE THE DEFENDANT HAD TO PAUSE AND PUT HER ARMS OUT TO GAIN HER BALANCE BECAUSE SHE BELIEVED THAT SHE WAS FALLING. WE SLOWLY MADE OUR WAY TO THE FRONT OF MY PATROL VEHICLE, WHERE I EXPLAINED TO THE DEFENDANT THAT I BELIEVED THAT SHE WAS IMPAIRED AND REQUESTED THAT SHE PERFORM FIELD SOBRIETY TASKS. THE DEFENDANT STATED THAT SHE HAD ONE BEER EARLIER AND DID NOT BELIEVE THAT SHE WAS DRUNK. THE DEFENDANT CONSENTED TO PERFORMING FIELD SOBRIETY TASKS. 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 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. IT SHOULD BE NOTED THAT THE DEFENDANT EXHIBITED FURTHER SIGNS OF IMPAIRMENT BY NOT FOLLOWING INSTRUCTIONS AND MOVING HER HEAD TO FOLLOW THE STIMULUS INSTEAD OF FOLLOWING IT WITH HER EYES AS INSTRUCTED, CAUSING ME TO HAVE TO REPEAT THE TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STEPPED OFF THE LINE AT LEAST THREE TIMES, DID NOT TOUCH HEEL TO TOE AT LEAST FOUR TIMES, AND USED HER ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, AT WHICH TIME THE DEFENDANT ADVISED THAT SHE DID HAVE A HIP ISSUE FROM WHEN SHE GAVE CHILDBIRTH; HOWEVER, WHEN ASKED SHE STATED THAT IT DID NOT PREVENT HER FROM STANDING, WALKING OR COMPLETING THE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED AGAIN AND DURING THIS TASK, THE DEFENDANT PUT HER FOOT DOWN TWO SEPARATE TIMES RESTARTING THE TASK AFTER EACH TIME. THE DEFENDANT USED HER ARMS FOR BALANCE AND ON THE SECOND ATTEMPT I FINALLY REMINDED HER THAT SHE NEEDED TO COUNT OUT LOUD AS SHE HAD NOT COUNTED AS INSTRUCTED ON THE PREVIOUS ATTEMPT. THE DEFENDANT ALSO RAISED HER FOOT AT AN APPROXIMATE 45 DEGREE ANGLE, EVEN THOUGH IT WAS EXPLAINED AND DEMONSTRATED TO ONLY RAISE IT APPROXIMATELY SIX INCHES OFF THE GROUND. TASK FOUR, FINGER TO NOSE. DUE TO THE DEFENDANT'S HIP ISSUE, I COMPLETED A FOURTH TASK WHICH WAS FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT CLOSE HER EYES, DID NOT KEEP HER HEAD TILTED BACK, DID NOT TOUCH FINGER TO NOSE AND HAD TO BE TOLD EACH TIME TO RETURN TO THE START POSITION EVEN THOUGH I SPECIFICALLY INSTRUCTED HER TO RETURN TO THE START POSITION ON HER OWN. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. UPON COMPLETING EACH MIRANDA RIGHT, THE DEFENDANT TOLD THIS DEPUTY TO FUCK OFF AFTER I ASKED HER IF SHE UNDERSTOOD EACH RIGHT. THE DEFENDANT WAS READ HER IMPLIED CONSENT AND THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. IT WAS AT THIS TIME THE DEFENDANT'S DEMEANOR CHANGED FROM BEING LIGHTHEARTED AND JOKING TO BECOMING BELLIGERENT AND NONCOMPLIANT. THE DEFENDANT WAS INITIALLY HANDCUFFED BEHIND HER BACK AND SEAT BELTED INTO MY PATROL VEHICLE; HOWEVER, WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY I HAD TO PULL OVER AT THE DOLLAR GENERAL ON HIGHWAY 44 (WHICH WAS LESS THAN A MILE FROM OUR ORIGINAL START POINT) BECAUSE THE DEFENDANT STATED THAT SHE ''SPIT ON HER HAND LIKE CUM'' AND SLID HER WRISTS OUT OF HER HANDCUFFS. I REQUESTED DEPUTY TITUS MEET ME AT THE DOLLAR GENERAL, WHERE WE SAFELY REMOVED THE DEFENDANT'S HANDCUFFS FROM HER RIGHT HAND AND AGAIN SECURED HER HANDS BEHIND HER BACK WITH ZIP TIES. WHILE PROCEEDING TO TRANSPORT THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT REMAINED VOLATILE CONTINUING TO ATTEMPT GET OUT OF THE ZIP TIES. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT CONTINUED TO RANT AND RAVE. I REQUESTED THAT A MALE AND FEMALE CORRECTIONS OFFICER MEET ME AT THE SALLY PORT, DUE TO MULTIPLE INAPPROPRIATE STATEMENTS THAT THE DEFENDANT MADE WHILE EN ROUTE AGAINST BOTH MALE AND FEMALE SEXES. THE DEFENDANT WAS TURNED OVER TO CORRECTIONS PERSONNEL AND LATER ISSUED A CITATION FOR CARELESS DRIVING, AS WELL AS A CITATION FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE AT HER REQUEST. THE DEFENDANT WAS READ HER IMPLIED CONSENT AT THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 8863XBI8, WITH A MANDATORY COURT APPEARANCE OF 120315, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A44K4FE, FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
