| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR08103725) 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) ON 061408, AT APPROXIMATELY 0123 HOURS, WHILE HELPING DEPUTY FIELD SECURE A SCENE AT THE INTERSECTION OF MEADOW VIEW AND LAKE MEADOW, I OBSERVED THE DEFENDANT TRAVELING SOUTHBOUND ON MEADOWVIEW, TRAVELING IN THE SOUTHWEST SHOULDER. THE VEHICLE THEN CAME BACK ONTO THE ROADWAY AND WENT BACK ONTO THE SOUTHWEST SHOULDER AND THEN THE VEHICLE CAME TO A COMPLETE STOP. AT THAT TIME I WALKED UP TO THE DEFENDANT'S VEHICLE AND ASKED IF THERE WAS SOMETHING I COULD DO FOR HER, AT WHICH TIME SHE ADVISED SHE WAS DOING OKAY, UNTIL I STOPPED HER. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON, HER EYES WERE BLOODSHOT AND GLASSY, AND HER SPEECH WAS SLURRED. AT THAT TIME I HAD THE DEFENDANT EXIT HER VEHICLE. THE DEFENDANT WAS VERY UNSTEADY EXITING HER VEHICLE AND USED HER VEHICLE TO KEEP HER BALANCE. UPON EXITING THE VEHICLE I NOTICED A CAN OF BUSH BEER, COLD TO THE TOUCH AND OPEN IN THE CENTER CONSOLE. AT THAT TIME I ASKED THE DEFENDANT WHO THIS BEER BELONGED TO, AND SHE SAID IT WAS HERS. I THEN ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK THIS EVENING AND SHE ADVISED SHE HAD APPROXIMATELY SEVEN BEERS. 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 I WAS ABOUT TO INITIATE WITH HER, TO WHICH SHE STATED THAT SHE DID NOT. TASK ONE; HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THE DEFENDANT HAD NO PROBLEMS WITH HIS/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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THIS TASK THE DEFENDANT MOVE HER HEAD APPROXIMATELY TWO TIMES AND WAS INSTRUCTED NOT TO DO SO. THE DEFENDANT WAS VERY UNSTEADY AND HAD TO USE HER ARMS TO KEEP HER BALANCE. TASK TWO; WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED SHE UNDERSTOOD THE INSTRUCTIONS. WHILE DEMONSTRATING THE TASK THE DEFENDANT STARTED PERFORMING THE TASK, SKIPPING BACK AND FORTH AND ADVISING SHE JUST HAD A SONG IN HER HEAD AND THAT WAS HOW SHE COULD GET THROUGH THIS TASK. AT THAT TIME I ADVISED THE DEFENDANT SHE NEEDED TO PERFORM THE TASK AS DEMONSTRATED. DURING THIS TASK THE DEFENDANT DID NOT TOUCH HEEL TO TOE AND STEPPED OFF THE LINE APPROXIMATELY SIX TIMES AND USED HER ARMS TO KEEP HER BALANCE. THE DEFENDANT ALSO TOOK APPROXIMATELY 12 STEPS AND WAS NOT COUNTING OUT LOUD. THE DEFENDANT STUMBLED ON THE TURN AROUND AND STILL CONTINUED TO NOT TOUCH HEEL TO TOE, STEPPING OFF THE LINE AN ADDITIONAL THREE TIMES, AT WHICH TIME SHE ADVISED SHE COULD NOT DO THIS TASK. TASK THREE; ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED SHE UNDERSTOOD. DURING THIS TASK THE DEFENDANT PICKED HER RIGHT FOOT UP AND AUTOMATICALLY LOST HER BALANCE AND PUT IT DOWN. SHE THEN PICKED UP HER LEFT FOOT AND REACHED OUT AND USED HER VEHICLE TO KEEP HER BALANCE. AT THAT TIME SHE WAS INSTRUCTED THAT SHE COULD NOT DO THAT AND WAS GIVEN ANOTHER CHANCE. THE DEFENDANT PICKED HER FOOT UP, HELD HER FOOT FOR THE COUNT OF FIVE AND PUT IT DOWN AND ADVISED SHE COULD NOT DO THIS TASK EITHER. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS THEN 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 WAS ALSO READ MIRANDA VIA A MIRANDA CARD. THE DEFENDANT STATED THAT SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO PRECISION TIRE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE SUBMITTED TO THE APPROVED TEST OF HER BREATH WITH THE RESULTS OF .217 ON THE FIRST TEST AND A REFUSAL TO SUBMIT ON THE SECOND TEST. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 7242-XAD FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 070308 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0395-FIR , FOR FAILURE TO MAINTAIN A SINGLE LANE, WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE, AND CITATION 0396-FIR FOR OPEN CONTAINER BY DRIVER, WITH FINE OF $123.50 PAYABLE IN 30 DAYS. *NOT-EXEMPT* |
