| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR09108105) 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 031209, WHILE ON ROUTINE TRAFFIC PATROL IN THE AREA OF HIGHWAY 44 EAST OF SOUTH SKYLARK TERRACE, THIS DEPUTY OBSERVED A BLUE DODGE PICK UP TRUCK IN THE INSIDE LANE DRIVING IN A VERY ERRATIC MANNER. UPON FURTHER OBSERVING THE VEHICLE, THE VEHICLE CROSSED OVER THE CENTER LINE DRIVING DOWN the CENTER LINE FOR A BRIEF PERIOD, THEN RETURNED back TO THE INSIDE LANE. THE VEHICLE THEN HIT ITS BRAKES AND CROSSED the OUTSIDE LINE. THE VEHICLE THEN CAME BACK INTO THE LANE HITTING ITS BRAKES AGAIN AND BEGAN TO SWERVE BACK AND FORTH IN THE LANE, CONSTANTLY HITTING ITS BRAKES FOR UNKNOWN REASONS. THE VEHICLE WAS NOT SPEEDING; IN FACT the VEHICLE'S SPEED WAS 41 MILES PER HOUR (MPH) IN A 45 MPH ZONE. I THEN PERFORMED A TRAFFIC STOP ON SAID VEHICLE AT HIGHWAY 44 EAST AND WASHINGTON AVENUE. AT THAT TIME I MADE CONTACT WITH the DRIVER/DEFENDANT, WHO LATER IDENTIFIED HERSELF VIA FLORIDA DRIVER'S LICENSE AS MS ROSEMARY PRESTON. UPON FIRST CONTACT THE DEFENDANT HAD A GLAZED OVER GLASSY LOOK IN HER EYES, AND HAD PROBLEMS SEEING OR CONCENTRATING ON ANY PARTICULAR OBJECT. the DEFENDANT WAS ALSO SLUGGISH OR SLOW TO REACT. THE DEFENDANT COULD NOT FIND HER DRIVER'S LICENSE AND THIS DEPUTY HAD TO TELL HER TO LOOK IN HER PURSE, AT which TIME SHE WAS ABLE TO LOCATE HER PURSE AND PROVIDE THIS DEPUTY WITH HER DRIVER'S LICENSE. WHILE QUESTIONING THE DEFENDANT, INITIALLY SHE ADVISED THAT SHE TAKES MEDICATION, LOR TAB, AT which TIME this DEPUTY ASKED HER IF SHE HAD TAKEN A FEW AND SHE REPLIED, NO. LATER IN the CONVERSATION she ADMITTED TO TAKING ONE LOR TAB. I THEN REQUESTED A SECONDARY BACK UP UNIT FOR SAFETY CONCERNS, DUE TO this DEPUTY'S INTENTION OF ASKING THE DRIVER TO PERFORM FIELD SOBRIETY TASKS. UPON BACK UP ARRIVING ON SCENE, DEPUTY CREEL, THE DEFENDANT WAS ASKED TO EXIT HER VEHICLE. UPON DOING SO, SHE BRUSHED UP AGAINST THE SIDE OF THE TRUCK IN WHAT APPEARED TO BE HER HAVING PROBLEMS WITH HER BALANCE AND WALKING. UPON FURTHER ASKING THE DEFENDANT IF SHE HAD TAKEN ANY other MEDICATION, she IN FACT ADVISED THAT SHE HAD TAKEN TWO LOR TAB AND TWO MUSCLE RELAXERS PRIOR TO DRIVING. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT HE SHE DID. THE DEFENDANT ADVISED THAT SHE HAS A PROBLEM WITH HER LEGS, HER BACK, AND HER NECK. I ADVISED THE DEFENDANT THAT I WOULD TAKE THAT INTO ACCOUNT. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES, AND THAT SHE WORE GLASSES FOR READING BUT NOT FOR ANYTHING ELSE. the DEFENDANT WAS UNABLE TO PERFORM this TASK. SHE WAS UNABLE TO FOLLOW INSTRUCTIONS AND COULD NOT FOLLOW THE PEN AT ALL. THE DEFENDANT WOULD MOVE HER HEAD IN THE DIRECTION THAT THE PEN WAS GOING, BUT WAS NOT ACTUALLY LOOKING AT THE PEN. TASK TWO, RHOMBERG ALPHABET. THE DEFENDANT WAS ASKED WHAT THE LAST GRADE WAS THAT SHE COMPLETED IN SCHOOL, AND SHE ADVISED, THE 11TH GRADE. she WAS ASKED IF SHE COULD READ, WRITE, AND UNDERSTAND THE ENGLISH LANGUAGE, AND she STATED THAT SHE DID. the DEFENDANT FURTHER ADVISED THAT SHE KNEW THE ALPHABET. the DEFENDANT THEN SAID the ALPHABET FROM "A" TO "P", AND THEN STOPPED. she THEN ATTEMPTED A SECOND TIME AND WENT FROM "A" TO "P", AND ADVISED THAT SHE COULD NOT DO IT. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO FOLLOW INSTRUCTIONS AND MISSED THE TIP OF HER NOSE with HER FINGER NUMEROUS TIMES. THE DEFENDANT ALSO USED THE WRONG HAND AND DID NOT KEEP HER EYES CLOSED. DUE TO THE DEFENDANT'S DISABILITY, THE OTHER TASKS WERE NOT PERFORMED BECAUSE SHE ADVISED THAT SHE WAS NOT BE ABLE TO DO THEM DUE TO HER DISABILITY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. TO WHICH THE DEFENDANT STATED THAT SHE DID NOT WANT TO TALK. the DEFENDANT WAS ASKED TO SUBMIT TO A URINE SAMPLE TO which SHE STATED THAT SHE WOULD. IT SHOULD BE NOTED THAT THE DEFENDANT ADVISED SEVERAL TIMES THAT SHE HAD NOT BEEN DRINKING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER HUSBAND. UPON the DEFENDANT ARRIVING AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS ADVISED OF HER IMPLIED CONSENT BY DETENTION FACILITY PERSONNEL, AT WHICH TIME SHE STATED THAT SHE WOULD SUBMIT TO A URINE AND BREATH TEST. UPON THE DEFENDANT SUBMITTING TO THE APPROVED TEST OF HER BREATH, THE RESULTS WERE .131 AND ON THE SECOND ATTEMPT .148. this DEPUTY THEN OBTAINED A URINE SAMPLE FROM the DEFENDANT WHICH WILL BE PLACED IN TO EVIDENCE. 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 7539-XAD WITH AN OUT OF CUSTODY COURT DATE AT 032609 AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED TRAFFIC WARNING NUMBER 249477B FOR FAILURE TO MAINTAIN A LANE. *NOT-EXEMPT* |
