| Probable cause affidavit: |
SUBMITTED BY: HOLTZHOUSE, JONATHAN 0616 (AR08105071) 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 090708 AT APPROXIMATELY 1245 HOURS, WHILE ON PATROL IN THE AREA OF HIGHWAY 41 NORTH AND MIDDLE SCHOOL ROAD, I NOTICED A BLACK MUSTANG BEARING FLORIDA LICENSE PLATE NUMBER HCK3N HEADING NORTHBOUND. I OBSERVED THE VEHICLE TO BE WEAVING FROM THE RIGHT SIDE OF THE ROAD THEN BACK IN TO ONCOMING TRAFFIC. I OBSERVED THE VEHICLE TO DO THIS THREE TIMES AND THEN DRIVE OFF OF THE ROADWAY ONTO THE GRASS, AND THEN BACK IN TO THE NORTHBOUND LANE. I THEN ACTIVATED MY EMERGENCY OVERHEAD LIGHTS AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE. I MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO IDENTIFIED HERSELF AS MS SHANDA PRUGH, VIA HER FLORIDA DRIVER'S LICENSE. I ADVISED THE DEFENDANT THAT I HAD STOPPED HER BECAUSE SHE WAS WEAVING FROM LANE TO LANE, TO WHICH THE DEFENDANT STATED "I WAS LISTENING TO MUSIC AND NOT PAYING ATTENTION." IT SHOULD BE NOTED THAT WHILE SPEAKING WITH THE DEFENDANT I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH AND HER EYES WERE BLOOD SHOT AND WATERY. I ASKED THE DEFENDANT IF SHE UNDERSTOOD WHAT IMPLIED CONSENT WAS, AND SHE REPLIED, "NO" AT WHICH TIME I INFORMED HER. I THEN ADVISED THE DEFENDANT THAT I WAS CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION AND ASKED HER TO EXIT THE 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, THAT SHE JUST HAD SOME SORT OF WORK DONE UNDERNEATH HER EYE AND BEGAN MUMBLING INCOHERENTLY. I ASKED THE DEFENDANT IF THAT WOULD STOP HER FROM COMPLETING ANY OF THE TASKS, TO WHICH SHE REPLIED "NO." 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. WHILE THE DEFENDANT WAS PERFORMING THE TASK SHE DID NOT KEEP HER HEAD STILL AND FOLLOWED BACK AND FORTH BY TURNING HER HEAD. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST BALANCE AND FELL BACKWARDS. I THEN ASKED THE DEFENDANT IF SHE WAS OKAY AND WOULD BE ABLE TO COMPLETE THE TASK, AT WHICH TIME SHE BEGAN STATING DIFFERENT REASONS WHY SHE WAS HAVING A PROBLEM WITH THE TASK. THE DEFENDANT THEN ASKED IF I COULD JUST CALL HER BOYFRIEND TO PICK HER UP AND STATED THAT HE LIVES RIGHT UP THE ROAD. AT THAT TIME I DETERMINED THAT THE DEFENDANT COULD NOT COMPLETE THE TASK ANY FURTHER. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. AFTER DOING SO THE DEFENDANT DID NOT BEGIN THE TASK THAT I DEMONSTRATED. I ASKED THE DEFENDANT IF SHE WANTED TO DO THE TASK, TO WHICH SHE BEGAN CRYING. DEPUTY CROSNOE THEN ASKED THE DEFENDANT TWO MORE TIMES IF SHE WAS GOING TO COMPLETE THE TASK OR IF SHE WAS REFUSING, AT WHICH TIME SHE DID NOT REPLY. WHILE ATTEMPTING TO PLACE THE DEFENDANT IN HANDCUFFS BEHIND HER BACK, SHE RESISTED AND DEPUTY CROSNOE STEPPED IN AND ASSISTED THIS DEPUTY IN PLACING THE DEFENDANT IN HANDCUFFS BEHIND HER BACK. SHE WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PER THE DEFENDANT'S REQUEST HER VEHICLE WAS LEFT AT THE SCENE FOR HER PARENTS TO PICK UP. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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, NUMBER 7175-XDO WITH A MANDATORY COURT APPEARANCE ON 092508 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A WARNING, NUMBER 230668B FOR FAILURE TO MAINTAIN LANE CONTROL. *NOT-EXEMPT* |
