| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0085 (AR07100699) 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 121007, AT APPROXIMATELY 1228 HOURS, I WAS ASSISTING DEPUTY HOWARD ON A CRASH INVESTIGATION IN THE AREA OF ELKCAM BOULEVARD AND COUNTY ROAD 488 (DUNNELLON ROAD). DURING THE INVESTIGATION, THE DEFENDANT, IDENTIFIED AS MS SANDY ASHMAN, ADVISED SHE WAS TRAVELING NORTHBOUND ON ELKCAM BOULEVARD WHEN APPARENTLY SHE DROPPED HER CIGARETTE BETWEEN HER LEGS. SHE STATED SHE REACHED DOWN TO PICK IT UP AND THE VEHICLE THEN LEFT THE ROADWAY, STRIKING A WORK TRUCK IN THE PARKING LOT OF NORTH FLORIDA CABINET SALES. DURING THE INVESTIGATION, THE DEFENDANT HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON, HER EYES WERE BLOODSHOT, AND HER SPEECH WAS SLURRED. PRIOR TO MY CRIMINAL INVESTIGATION, I WAS ADVISED BY DEPUTY HOWARD THAT A WITNESS HAD OBSERVED the DEFENDANT TAKE A SOCK OUT OF HER VEHICLE AND HIDE IT ACROSS THE STREET IN THE WOODED AREA. DEPUTY HOWARD WAS SHOWN WHERE THE SOCK HAD BEEN HIDDEN AND INSIDE THE SOCK WERE THREE MEDICATIONS BELONGING TO THE DEFENDANT. THE DEFENDANT WAS ASKED WHY SHE HAD HIDDEN THE MEDICATIONS, AND SHE ADVISED SHE DID NOT WANT THE SHERIFF'S OFFICE TO THINK SHE WAS TAKING THESE MEDICATIONS WHILE SHE WAS DRIVING (SEE DEPUTY HOWARD'S REPORT). AFTER DEPUTY HOWARD CONCLUDED HIS CRASH INVESTIGATION, I ADVISED THE DEFENDANT THAT I WAS GOING TO CONDUCT A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. I ASKED THE DEFENDANT HOW MUCH SHE HAD TO DRINK, AND SHE ADVISED SHE HAD SOME CROWN ROYAL IN ORANGE JUICE THIS MORNING. SHE ALSO ADVISED SHE HAD BEEN TAKING OTHER MEDICATIONS, SUCH AS HYDROCODONE, CARTSOPRODOL, AND ALPRAZOLAM, FOR BACK AND KNEE PROBLEMS. 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 THAT SHE DID HAVE SOME BACK PROBLEMS BUT SHE WOULD SUBMIT TO THE FIELD SOBRIETY TASKS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS: PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT 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 DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTABLE AND WAS ADVISED NOT TO MOVE HER HEAD. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTABLE. SHE STEPPED OFF THE LINE APPROXIMATELY EIGHT TIMES, USED HER ARMS TO KEEP HER BALANCE AND DID NOT COUNT OUT LOUD AS INSTRUCTED. ON THE RETURN, THE DEFENDANT STILL DID NOT TOUCH HEEL TO TOE AND STEPPED OFF THE LINE AN ADDITIONAL THREE TIMES AND STILL USED HER ARMS TO KEEP HER BALANCE AND WAS NOT COUNTING OUT LOUD AS INSTRUCTED. TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTABLE. SHE SWUNG FROM SIDE TO SIDE. DURING THE TASK, THE DEFENDANT WOULD PICK HER RIGHT FOOT UP, COUNT TO THREE AND AUTOMATICALLY PUT HER FOOT DOWN BEFORE LOSING HER BALANCE. SHE WAS ASKED TO PERFORM THE TASK AGAIN, AT WHICH TIME, SHE PICKED HER FOOT UP ON THE COUNT OF ONE AND THEN PUT HER FOOT DOWN. I ASKED THE DEFENDANT IF SHE WANTED TO TRY HER LEFT LEG, AND SHE STATED SHE WOULD. THE DEFENDANT LIFTED HER FOOT ON THE COUNT OF ONE, PUT HER FOOT DOWN AUTOMATICALLY AND, AT THAT TIME, IT WAS DETERMINED THAT THE DEFENDANT COULD NOT PERFORM THAT TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA PREPRINTED CARD. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO SCALLY'S TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT BY BREATH INTOXILYZER OPERATOR PIERCE. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .024 AND .024. AFTER RECEIVING THESE RESULTS, IT WAS DETERMINED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF THE MEDICATION THAT SHE HAD INDICATED TAKING AND, AT THAT TIME, THE DEFENDANT PROVIDED A URINE SAMPLE FOR TESTING. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 7638-CPQ7, WITH A MANDATORY COURT APPEARANCE OF 010308, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7637-DPQ6, FOR CARELESS DRIVING WITH A $123.50 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
