| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR13-6138) 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 061913, AT APPROXIMATELY 0226 HOURS, DEPUTY MOORE WAS TRAVELING WEST ON WEST MAIN STREET IN THE OUTSIDE LANE WHEN HE OBSERVED A WHITE FOUR DOOR VEHICLE GOING SOUTH ON NORTH PINE AVENUE THE WRONG WAY. NORTH PINE AT THAT LOCATION IS A ONE WAY STREET. THE WHITE VEHICLE THEN PULLED OUT IN FRONT OF DEPUTY MOOREâS PATROL VEHICLE CAUSING HIM TO SWERVE TO MISS THE VEHICLE. THE VEHICLE THEN WENT SOUTH ON SOUTH PINE AVENUE. AT WHICH POINT, DEPUTY MOORE CONDUCTED A TRAFFIC STOP ON THE SAID VEHICLE AT THE CORNER OF SOUTH PINE AVENUE AND GRACE STREET. DEPUTY MOORE ADVISED THAT WHEN HE MADE CONTACT WITH THE DRIVER LATER IDENTIFIED AS THE DEFENDANT, MS SHANNON THOMAS. SHE COULD NOT PROVIDE HIM WITH ANY OF THE PAPERWORK FOR THE VEHICLE AND WAS HAVING A HARD TIME STAYING ON TOPIC. HE ALSO ADVISED HER EYES APPEARED TO BE RED. HE THEN CONTACTED DISPATCH TO HAVE ANOTHER DEPUTY RESPOND TO HIS LOCATION AS BACK UP. I THEN RESPONDED TO HIS LOCATION AND MADE CONTACT WITH DEPUTY MOORE WHO RELAYED THIS INFORMATION. I THEN WALKED UP AND MADE CONTACT WITH THE DEFENDANT WHO WAS DRIVING THE WHITE NISSAN FOUR DOOR BEARING FLORIDA LICENSE PLATE 874IGP. I IMMEDIATELY NOTICED HER GLASSY, BLOOD SHOT EYES AND AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER BREATH. SHE HAD SOMEWHAT OF A SLOW REACTION TIME. I THEN ASKED HER IF SHE HAD ANYTHING TO DRINK AND/OR HAD ANY TYPE OF MEDICATION TO WHICH SHE DENIED BOTH. SHORTLY THEREAFTER, I ASKED THE DEFENDANT TO EXIT HER VEHICLE AND SHE INITIALLY REFUSED. I THEN ASKED HER AGAIN AT WHICH TIME SHE COMPLIED AND EXITED HER VEHICLE. THERE WAS AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FORM THE DEFENDANT AND SHE WAS UNSTEADY ON HER FEET. I HAD HER WALK A SHORT DISTANCE TO THE FRONT OF MY PATROL 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 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. I ASKED THE DEFENDANT IF SHE HAD ANYTHING TO DRINK TO WHICH SHE ADVISED SHE HAD TWO DRINKS PRIOR, BEER, AND THAT SHE TAKES XANAX. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE INSTRUCTIONS WERE COMPLETED, DID NOT TOUCH HEAL TO TOE, AND LOST BALANCE WHILE TURNING. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING, PUT HER FOOT DOWN, AND WAS UNABLE TO COMPLETE THIS TASK. TASK FOUR, FINGER TO NOSE THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO RETURN HER HAND TO HER SIDE, MISSED TIP OF NOSE, SWAYED WHILE STANDING, AND USED THE WRONG HAND. TASK FIVE, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ASKED WHAT THE LAST GRADE SHE COMPLETED IN SCHOOL AND SHE ADVISED COLLEGE AND KNOWS THE ALPHABET. THE DEFENDANT STARTED THIS TASK RELATIVELY SATI FACTUALLY HOWEVER HALFWAY THROUGH THE TASK SHE STARTED RECITING IT IN A RHYTHMIC MANNER. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, HANDCUFFED (DOUBLE LOCKED), AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD AND SHE ADVISED SHE DID NOT UNDERSTAND HER RIGHTS. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH OR URINE FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED THAT SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH OR URINE. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH OR URINE. 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 REFUSAL CITATION, NUMBER 7264XGA5 WITH A MANDATORY COURT APPEARANCE OF 071113 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO GIVEN A VERBAL WARNING FOR VIOLATION OF RIGHT OF WAY AND FAILURE TO OBEY A TRAFFIC CONTROL DEVICE NAMELY DO NOT ENTER SIGNS FOR A ONE WAY STREET. THE ON SCENE SOBRIETY TASKS WERE VIDEO TAPED VIA IN VEHICLE CAMERA AND A COPY WILL BE TURNED IN TO EVIDENCE. |
