| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DAN 0443 (AR08106426) 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; ON 112608 AT 0200 HOURS, I OBSERVED A SILVER PASSENGER VEHICLE TRAVELING NORTHBOUND ON NORTH EAST 8TH AVENUE, IN the CITY OF CRYSTAL RIVER. I OBSERVED THE VEHICLE WEAVING WITHIN THE LANE. I THEN OBSERVED the VEHICLE LEAVE THE RIGHT SIDE OF THE ROADWAY AND THEN RETURN BACK JUST SOUTH OF NORTH EAST CRYSTAL STREET. I CONTINUED TO FOLLOW THE VEHICLE AS IT TURNED WESTBOUND ON NORTH EAST CRYSTAL STREET. THE VEHICLE ACCELERATED RAPIDLY AND THEN DECELERATED, AT WHICH TIME I OBSERVED THE VEHICLE LEAVE THE RIGHT SIDE OF the ROADWAY WHERE the VEHICLE SWERVED BACK JUST PRIOR TO ENTERING A DITCH. THE VEHICLE THEN CAME BACK ONTO THE ROADWAY AND DROVE ON THE CENTER YELLOW LINE, THEN BACK INTO THE WESTBOUND LANE OF TRAVEL. I ACTIVATED MY OVERHEAD EMERGENCY LIGHTS AND CONDUCTED A TRAFFIC STOP ON NORTH EAST CRYSTAL STREET and NORTH EAST 3RD AVENUE. UPON MAKING CONTACT with THE DRIVER/DEFENDANT, MS SANDRA ROOKS, I REQUESTED HER FLORIDA DRIVER'S LICENSE and VEHICLE REGISTRATION, WHICH SHE PROVIDED TO ME. I OBSERVED THAT THE DEFENDANT'S EYES WERE GLASSY AND I DETECTED A MODERATE ODOR OF ALCOHOL EMITTING FROM HER PERSON. I ASKED THE DEFENDANT WHERE SHE WAS COMING FROM, TO WHICH SHE STATED THAT SHE WAS OUT CELEBRATING her GIRLFRIEND'S BIRTHDAY. I ASKED THE DEFENDANT WHERE SHE WAS GOING, TO WHICH SHE STATED she WAS TAKING her FRIEND HOME. THE DEFENDANT THEN STATED "DO YOU WANT MY DRIVER' LICENSE and REGISTRATION". I ADVISED THE DEFENDANT THAT SHE ALREADY PROVIDED ME WITH THOSE DOCUMENTS. I RETURNED TO MY PATROL VEHICLE AND CONDUCTED A COMPUTER CHECK OF THE DEFENDANT'S DRIVER'S LICENSE and VEHICLE REGISTRATION, WHICH REVEALED NO WANTS OR WARRANTS FOR THE DEFENDANT, and A VALID DRIVER'S LICENSE. I RETURNED TO THE DEFENDANT'S VEHICLE AND MADE CONTACT AGAIN WITH THE DEFENDANT. I REQUESTED THE DEFENDANT TO EXIT HER VEHICLE TO CONDUCT FIELD SOBRIETY TASKS, TO WHICH HE STATED SHE WOULD. I ALSO NOTICED THAT the DEFENDANT HAD BEGUN CHEWING A PIECE OF GUM IN ORDER TO MASK the ORDER OF ALCOHOL. AS the DEFENDANT EXITED the VEHICLE SHE STUMBLED AS SHE STOOD UP AND STAGGERED AS SHE WALKED TO the REAR OF HER VEHICLE. 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, APPROXIMATELY ONE YEAR AGO SHE BROKE TWO VERTEBRAE IN HER NECK BUT HAD NO OTHER PHYSICAL LIMITATIONS. 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 DEFENDANT FAILED TO KEEP HER HEAD STILL. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT BEGAN PRIOR TO COMPLETION OF THE INSTRUCTIONS. SHE MISSED ALL HEEL TO TOE STEPS; The DEFENDANT STEPPED OFF THE LINE ON STEPS FIVE AND EIGHT. THE DEFENDANT STUMBLED AND FELL AGAINST MY PATROL VEHICLE DURING THE TURN. THE DEFENDANT FAILED TO COMPLETE THE TASK CORRECTLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT MADE TWO ATTEMPTS AT COMPLETING THE TASK. THE DEFENDANT PUT HER FOOT DOWN ON THE FIRST ATTEMPT AFTER THREE SECONDS, AND ON the SECOND ATTEMPT THE DEFENDANT PUT HER FOOT DOWN AFTER 23 SECONDS. THE DEFENDANT SWAYED WHILE PERFORMING THE TASK and the DEFENDANT RAISED HER ARMS FOR BALANCE DURING BOTH ATTEMPTS. the DEFENDANT FAILED TO PERFORM THIS TASK CORRECTLY. TASK FOUR ROMBERG ALPHABET, THIS TASK WAS EXPLAINED TO THE DEFENDANT. I REQUESTED THE DEFENDANT TO STATE THE ALPHABET FROM the LETTER "A" TO THE LETTER "M". THE DEFENDANT ATTEMPTED this TASK TWICE. ON THE FIRST ATTEMPT THE DEFENDANT OPENED HER EYES AFTER I TOLD THE DEFENDANT TO CLOSE HER EYES AND BEGAN THE TASK AGAIN. THE DEFENDANT STATED THE ALPHABET RAPIDLY FROM the LETTER "A" TO the LETTER "Z". the DEFENDANT OPENED HER EYES ON TWO SEPARATE OCCASIONS. SHE SWAYED WHILE PERFORMING THE TASK and the DEFENDANT RAISED HER ARMS MORE THAN SIX INCHES FOR BALANCE. THE DEFENDANT FAILED TO COMPLETE this TASK PROPERLY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA 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. THE DEFENDANT'S VEHICLE WAS LEFT AT THE SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .265 and .263. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 7536-XAD WITH A MANDATORY COURT APPEARANCE ON 121808 at 1300 hours, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 0647-FIR FOR FAILURE TO MAINTAIN A SINGLE LANE. IT SHOULD BE NOTED THAT AFTER THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED), SHE BECAME UNCOOPERATIVE AND this DEPUTY HAD TO USE PHYSICAL FORCE TO PUT THE DEFENDANT INTO THE REAR SEAT OF MY PATROL VEHICLE. *NOT-EXEMPT* |
