| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DAN 0443 (AR07003874) 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; AND did, being then and there the driver of a vehicle involved in an accident resulting in damage to a vehicle or other property which is driven or attended by another person, fail to immediately stop HER vehicle at the scene of such accident and fulfill the requirement of Florida Statute 316.062, in violation of Florida Statute 316.061. ON 070907, I RESPONDED TO THE AREA OF EAST VAN GOUGH COURT AND NORTH TRUCKS AVENUE, HERNANDO IN REFERENCE TO A REPORT OF A POSSIBLE VANDALISM IN PROGRESS. WHILE EN ROUTE, I WAS ADVISED THAT THE VEHICLE WAS POSSIBLY LEAVING THE AREA. THE COMPLAINANT PROVIDED the VEHICLE'S TAG NUMBER BEING J55HPY. AS I APPROACHED THE SCENE AT THE INTERSECTION OF NORTH TRUCKS AVENUE AND EAST CROSBY COURT, I LOCATED A VEHICLE BEARING THE TAG NUMBER PROVIDED BY THE COMPLAINANT, WHICH WAS OCCUPIED BY A WHITE FEMALE. THE VEHICLE WAS STOPPED IN AN OPEN FIELD. AS I APPROACHED THE VEHICLE, I OBSERVED THE WHITE FEMALE, LATER IDENTIFIED AS THE DEFENDANT MS SANDRA KIRK, SITTING IN THE DRIVER'S SEAT. THE VEHICLE WAS NOT RUNNING AT THAT TIME; HOWEVER, THE KEYS WERE IN THE IGNITION. AS I OPENED THE DRIVER'S DOOR, THE DEFENDANT WAS ATTEMPTING TO REMOVE THE VEHICLE'S KEYS FROM THE IGNITION WITH SOME DIFFICULTY. IT SHOULD BE NOTED THAT THE VEHICLE'S TRANSMISSION WAS STILL IN DRIVE AS SHE ATTEMPTED TO REMOVE THE KEYS. WHILE SPEAKING WITH THE DEFENDANT, I DETECTED A STRONG ODOR OF ALCOHOL. WHEN I ASKED THE DEFENDANT WHAT HAPPENED, SHE BECAME VISIBLY UPSET REGARDING AN argument SHE HAD WITH HER BOYFRIEND. THE DEFENDANT ATTEMPTED TO EXIT THE VEHICLE SEVERAL TIMES AND EACH TIME, I ADVISED HER TO REMAIN SEATED IN HER VEHICLE. THE DEFENDANT CONTINUALLY FAILED TO COMPLY WITH MY REQUESTS. WHEN THE DEFENDANT EXITED THE VEHICLE, SHE WAS UNSTEADY ON HER FEET AND FELL BACK AGAINST HER VEHICLE, AT WHICH TIME, I HAD THE DEFENDANT SIT BACK DOWN IN THE VEHICLE. I ASKED THE DEFENDANT TO TELL ME ABOUT THE argument SHE HAD WITH HER BOYFRIEND. SHE ADVISED THAT SHE HAD BEEN AT HER RESIDENCE, "GETTING HAPPY" WHEN HER BOYFRIEND CAME HOME, GOT ANGRY AT HER BECAUSE OF SOMETHING SHE HAD NOT DONE AND TOLD HER TO LEAVE THE RESIDENCE. THE DEFENDANT ADVISED THAT SHE THEN ENTERED HER VEHICLE AND DROVE AWAY. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING, TO WHICH SHE STATED YES. DEPUTY MARTIN, WHO HAD RESPONDED TO THE AREA OF EAST VAN GOUGH COURT AND NORTH TRUCKS AVENUE, CONTACTED ME. HE ADVISED THAT HE HAD OBSERVED SEVERAL MAILBOXES, A ROAD SIGN AND A SATELLITE DISH ON PRIVATE PROPERTY HAD BEEN RUN OVER. HE STATED THAT HE ALSO OBSERVED SEVERAL PIECES OF A FRONT BUMPER, LATER DETERMINED TO BELONG ON THE DEFENDANT'S VEHICLE, LYING ON THE GROUND IN THE AREA OF THE DAMAGED PROPERTY. I REQUESTED THAT THE DEFENDANT WALK TO MY PATROL VEHICLE. THE DEFENDANT NEEDED SOME ASSISTANCE IN WALKING AS SHE WAS NOT WEARING ANY SHOES. THE DEFENDANT ALSO NEEDED ASSISTANCE DUE TO HER STAGGERING. SHE NEARLY FELL OVER TWICE WALKING THE TWENTY FEET TO MY PATROL VEHICLE. AT THAT TIME, IT WAS DETERMINED THAT THE DEFENDANT HAD BEEN IN CONTROL OF THE VEHICLE AND THAT SHE HAD BEEN DRINKING TO THE POINT THAT HER FACULTIES WERE IMPAIRED. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) IN THE FRONT OF HER PERSON DUE TO HER AGE AND SIZE. DUE TO THE LOCATION OF THE ARREST SCENE AND THE DEFENDANT'S PHYSICAL CONDITION, FIELD SOBRIETY TASKS WERE NOT CONDUCTED. THE DEFENDANT'S VEHICLE WAS TOWED FROM THE SCENE BY HOLMAN'S TOWING. THE APPROXIMATE AMOUNT OF PROPERTY DAMAGED BY THE DEFENDANT'S VEHICLE WAS $500.00. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD, TO WHICH SHE STATED THAT SHE UNDERSTOOD AND AGREED TO SPEAK TO ME. 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 STATED THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. I ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK, TO WHICH SHE STATED THAT SHE HAD HALF OF A BOTTLE OF A FIFTH OF VODKA. I ASKED THE DEFENDANT WHY SHE HAD BEEN DRIVING HER VEHICLE, TO WHICH SHE STATED TO GET AWAY FROM HER RESIDENCE. I ASKED THE DEFENDANT IF SHE REALIZED SHE HAD DAMAGED PROPERTY ALONG THE ROADWAY, TO WHICH SHE STATED THAT SHE BELIEVED THAT SHE HIT SOME POSTS AND APPROXIMATELY THREE TO FOUR MAILBOXES. THE DEFENDANT SUBMITTED TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .204 AND .207. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND AND LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE WITH A $250.00 BOND, BOTH PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7449-XAD, WITH A MANDATORY COURT APPEARANCE OF 072607 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 4102-ETP, FOR LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE WITH THE SAME MANDATORY COURT DATE. *NOT-EXEMPT* |
