| Probable cause affidavit: |
SUBMITTED BY: JOHNSON, DALE 0178 (AR12-1795) THE DEFENDANT 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) AND THE DEFENDANT DID REFUSE TO SUBMIT TO THE LAWFUL TEST OF BLOOD, BREATH, OR URINE, IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E) ON 070112, I RESPONDED TO THE AREA OF SOUTH SUNCOAST BOULEVARD, SOUTH OF WEST HALLS RIVER ROAD IN HOMOSASSA, TO ASSIST DEPUTY REID WITH A TRAFFIC STOP. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY REID WHO ADVISED THAT THE DRIVER/DEFENDANT, MS SANDRA MARIE SELF, SMELLED OF ALCOHOL AND ASKED ME IF I WOULD ASSIST WITH ROADSIDE SOBRIETY TASKS. DEPUTY REID ALSO ADVISED THAT HE STOPPED THE DEFENDANT FOR DRIVING WITHOUT ANY TAILLIGHTS ON THE VEHICLE. HE ADVISED THAT THE DEFENDANT HAD TURNED RIGHT ON RED FROM WEST HALLS RIVER ROAD ON TO SOUTH SUNCOAST BOULEVARD IN TO HIS PATH, ALMOST CAUSING A CRASH. DEPUTY REID ISSUED THE DEFENDANT A WRITTEN WARNING, WARNING NUMBER 353451B, FOR NO TAILLIGHTS. AFTER RUNNING HER DRIVERâS LICENSE, DEPUTY REID LEARNED THAT THE DEFENDANTâS DRIVERâS LICENSE HAD EXPIRED ON 011612. DEPUTY REID ISSUED THE DEFENDANT FLORIDA UNIFORM TRAFFIC CITATION NUMBER 9026-GQF2, FOR HAVING AN EXPIRED DRIVER LICENSE MORE THAN SIX MONTHS, WITH A MANDATORY COURT APPEARANCE DATE OF 072612 AT 1300 HOURS. DEPUTY REID THEN ASKED THE DEFENDANT TO EXIT HER VEHICLE AND STEP ON TO THE SIDEWALK, NEXT TO HER VEHICLE, IN FRONT OF MY PATROL VEHICLE. WHILE THE DEFENDANT WAS WALKING FROM HER VEHICLE TO THE SIDEWALK, I OBSERVED THAT SHE WAS A LITTLE UNSTEADY. I REQUESTED THAT SHE PERFORM SOME FIELD SOBRIETY TASKS AND SHE AGREED TO COMPLY. 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 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 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 DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. THE DEFENDANTâS EYES WERE GLASSY AND BLOODSHOT. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO WALK IN A STRAIGHT LINE; FAILED TO TOUCH HEEL TO TOE; PERFORMED IN IMPROPER TURN; BUT DID WALK THE CORRECT NUMBER OF STEPS AND DID COUNT OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING; STARTED THE TASK AND IMMEDIATELY PUT HER FOOT DOWN; AGAIN RAISED HER FOOT, COUNTED TO ONE THOUSAND TWO AND PUT HER FOOT DOWN. I ADVISED THE DEFENDANT THAT SHE COULD START OVER, AT WHICH TIME SHE GOT TO ONE THOUSAND SIX, PUT HER FOOT DOWN AND QUIT THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT KEEP HER EYES CLOSED; FAILED TO POINT FORWARD PRIOR TO TOUCHING HER NOSE; MISSED THE TIP OF HER NOSE WITH HER FINGER. TASK FIVE, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HER EYES CLOSED; SWAYED BACK AND FORTH WHILE BALANCING; USED A rhythm TO COMPLETE THE ALPHABET. WHILE CONDUCTING THE FIELD SOBRIETY TASKS, I DID DETECT A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANTâS PERSON. 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 SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY DAVEâS AUTO BODY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND, PER THE BOND SCHEDULE, FOR A SECOND DUI. THE DEFENDANT WAS ALSO CHARGED WITH REFUSAL TO SUBMIT TO BREATH/URINE OR BLOOD TEST WITH A PRIOR REFUSAL ON 072794. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4604-XDX2, WITH A MANDATORY COURT APPEARANCE ON 072612 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 5424-GQF7, FOR REFUSAL TO SUBMIT. A VIDEO OF THE ROADSIDE SOBRIETY TASKS WAS BURNED TO A DISK AND LATER TURNED IN TO EVIDENCE. |
