| Probable cause affidavit: |
SUBMITTED BY: ZAREK, MICHAEL 1359 (AR16-19064) 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(1)(A). ON 041516, AT APPROXIMATELY 1324 HOURS, I WAS FLAGGED DOWN BY A WOMAN AT THE INTERSECTION OF WEST IVY PLACE AND SOUTH MICHIGAN BOULEVARD IN HOMOSASSA, THE WOMAN ADVISED THAT A RED CAR WAS TRAVELLING SOUTH ON SOUTH MICHIGAN BOULEVARD AND HAD BEEN DRIVING ERRATICALLY AND SHE BELIEVED SHE SAW THE VEHICLE LEAVING FROM THE BAR. I THEN TRAVELLED SOUTH ON SOUTH MICHIGAN BOULEVARD AND OBSERVED A RED IN COLOR CAR AT THE STOP SIGN OF SOUTH MICHIGAN BOULEVARD AND WEST HOMOSASSA TRAIL. THE VEHICLE TURNED LEFT HEADING EAST ON WEST HOMOSASSA TRAIL. I THEN TURNED LEFT ON WEST HOMOSASSA TRAIL, HOWEVER THERE WERE TWO VEHICLES BETWEEN THE DEFENDANT'S VEHICLE AND MY PATROL VEHICLE. I WAS STILL ABLE TO OBSERVE THE DEFENDANT'S DRIVING PATTERN FROM MY POSITION AND I OBSERVED THE DEFENDANT'S VEHICLE CROSS THE CENTER YELLOW LINE ONE TIME. I THEN OBSERVED THE DEFENDANT'S VEHICLE'S PASSENGER'S SIDE TIRES TO GO OFF THE ROAD ON THE RIGHT SIDE CAUSING TWO CLOUDS OF DIRT TO FLY UP FROM BEHIND THE VEHICLE. DUE TO THE VIOLATION I OBSERVED AND THE VEHICLE POSSIBLY CAUSING AN ACCIDENT, I ACTIVATED MY EMERGENCY LIGHTS TO INITIATE A TRAFFIC STOP. THE VEHICLE DID NOT IMMEDIATELY PULL OVER WHEN I WAS DRIVING BEHIND IT AND WE PROCEEDED EASTBOUND ON WEST HOMOSASSA TRAIL FOR LESS THAN ONE MILE BEFORE COMING TO A COMPLETE STOP JUST WEST OF WEST HOMOSASSA TRAIL AND SOUTH ROCK CRUSHER ROAD. THE VEHICLE WAS A RED IN COLOR TOYOTA 4-DOOR BEARING FLORIDA LICENSE PLATE NUMBER V437SW. I THEN MADE CONTACT WITH THE DRIVER / DEFENDANT, MS SALLY MAY, ON THE DRIVER'S SIDE OF HER VEHICLE AND ASKED FOR HER LICENSE, REGISTRATION AND PROOF OF INSURANCE. SHE WAS THE ONLY OCCUPANT OF THE VEHICLE. THE DEFENDANT WAS ABLE TO ONLY PROVIDE HER FLORIDA DRIVER'S LICENSE, HOWEVER SHE DISPLAYED HER LICENSE WHILE IT WAS STILL IN HER WALLET. I ASKED THE DEFENDANT TO PLEASE TAKE HER LICENSE OUT OF HER WALLET OUT AND HAND IT TO ME, TO WHICH SHE WAS ABLE TO DO AFTER HAVING SOME DIFFICULTY. WHILE THE DEFENDANT WAS ATTEMPTING TO TAKE HER LICENSE OUT OF HER WALLET, I WAS ABLE TO SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. I THEN ASKED THE DEFENDANT WHERE SHE WAS COMING FROM AND SHE ADVISED "KILOS". I ASKED THE DEFENDANT WHAT "KILOS" WAS AND SHE ADVISED IT WAS A BAR. I ASKED IF SHE HAD ANY ALCOHOLIC BEVERAGES WHILE AT THE BAR AND SHE ADVISED SHE HAD CONSUMED "A COUPLE OF BEERS." WHILE SPEAKING WITH THE DEFENDANT HER SPEECH PATTERN APPEARED TO BE SLOW AND SLURRED. AT THAT TIME, I ASKED THE DEFENDANT TO PLEASE STEP OUT OF THE VEHICLE AND STAND OVER NEAR MY PATROL VEHICLE. AFTER EXITING HER VEHICLE AND WALKING TOWARD MY PATROL VEHICLE, THE DEFENDANT STUMBLED AND HAD A HARD TIME MAINTAINING HER BALANCE. 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 NO, HOWEVER SHE REFUSED TO PERFORM ANY OF THE SOBRIETY TASKS THAT I REQUESTED. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. AFTER THE DEFENDANT WAS ARRESTED AND PLACED IN HANDCUFFS, SHE STATED THAT SHE WOULD BE WILLING TO TAKE THE SOBRIETY TASKS. HOWEVER, THE DEFENDANT WAS ALREADY PLACED UNDER ARREST AND THEN SECURED IN THE REAR OF MY PATROL VEHICLE. I READ THE DEFENDANT HER IMPLIED CONSENT AT 1408 HOURS TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BLOOD. THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE WITH ANOTHER DEPUTY PER THE DEFENDANT'S REQUEST. THE DEFENDANT ADVISED SHE HAD CONTACTED A FRIEND WHO WOULD BE COMING TO PICK UP HER VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE COUNTY JAIL WHERE SHE WAS CHARGED WITH ONE COUNT DRIVING UNDER THE INFLUENCE WITH HER BOND SET AT $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 0311-XEJ6, WITH A MANDATORY COURT APPEARANCE OF 050516 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO ISSUED WARNING NUMBER 398598B, FOR FAILURE TO MAINTAIN A SINGLE LANE. DURING THE TRAFFIC STOP THERE WAS NO IN-CAR VIDEO. |
