| Probable cause affidavit: |
SUBMITTED BY: MELHADO, BRYAN 0618 (AR11124180) 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 123011 AT APPROXIMATELY 0538 HOURS, I RESPONDED AS BACKUP ON TRAFFIC STOP CONDUCTED BY DEPUTY ALEXANDER. UPON ARRIVAL, SHE ADVISED THAT SHE HAD STOPPED THE DEFENDANT'S VEHICLE, A BLACK PICKUP TRUCK BEARING FLORIDA LICENSE PLATE Y5MPH FOR ERRATIC DRIVING. DEPUTY ALEXANDER STATED THAT THE DEFENDANT, MS SHARON WALKER, LEFT THE BEACH AT FORT ISLAND TRAIL AND CROSSED THE FOG LINE AT LEAST FIVE OR SIX TIMES. DEPUTY ALEXANDER FURTHER ADVISED THAT BOTH SHE AND DEPUTY JAKOB HAD MADE CONTACT WITH THE DEFENDANT AT THE FT ISLAND BEACH PARKING LOT NEAR THE BOAT RAMP WHERE THE DEFENDANT WAS IN HER VEHICLE, LYING BACK ON HER SEAT. UPON DEPUTY ALEXANDER'S APPROACH, SHE COULD SMELL ALCOHOL EMITTING FROM THE DEFENDANT'S VEHICLE. SHE ALSO NOTICED THAT THERE WAS A PISTOL ON THE PASSENGER'S SEAT. DEPUTY ALEXANDER ADVISED THAT SHE AND DEPUTY JAKOB ADVISED THE DEFENDANT NOT TO MOVE HER VEHICLE WHILE THEY WERE TALKING ABOUT THE SITUATION. THE DEFENDANT STARTED HER VEHICLE, DRIVING PAST BOTH DEPUTIES. DEPUTY ALEXANDER STATED THAT SHE HAD TO MOVE OUT OF THE WAY QUICKLY FOR HER SAFETY. DEPUTY ALEXANDER THEN FOLLOWED THE DEFENDANT IN HER PATROL VEHICLE. WHILE SHE WAS OBSERVING THE DRIVING PATTERN OF THE DEFENDANT, DEPUTY ALEXANDER ADMINISTERED A TRAFFIC STOP BASED ON HER DRIVING PATTERN. I HAD ALREADY BEEN DISPATCHED AS BACK UP AND MADE CONTACT WITH THE DEFENDANT AND DEPUTIES AT THE RIVER COVE LANDING. THE DEFENDANT WAS OUT OF HER VEHICLE AND LEANING ON THE FRONT DRIVER'S SIDE FENDER. THE DEFENDANT'S EYES WERE GLAZED OVER AND SHE DID HAVE AN ODOR OF ALCOHOL. I ASKED HER IF SHE HAD ANYTHING TO DRINK THIS MORNING OR LAST NIGHT, TO WHICH SHE STATED THAT SHE ONLY HAD A LITTLE BIT TO DRINK. I ADVISED THE DEFENDANT OF DEPUTY ALEXANDER'S OBSERVATIONS OF HER DRIVING PATTERN AND THAT I DID SMELL ALCOHOL ON HER AND ASKED IF SHE WOULD CONSENT TO FIELD SOBRIETY TASKS, TO WHICH SHE STATED THAT WOULD BE NO PROBLEM. 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 HAD AN INJURED KNEE, HOWEVER IT WOULD NOT EFFECT HER COMPLETING THE TASKS. 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. TASK TWO, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID ON A COUPLE OF OCCASIONS BRING HER HANDS AWAY FROM HER HIPS AND THEN DID NOT REMEMBER THAT I DEMONSTRATED THE PROPER WAY OF PERFORMING THIS TASK. THE DEFENDANT DID NOT PERFORM THIS TASK PROPERLY. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID AFTER APPROXIMATELY FOUR TO FIVE SECONDS BEGIN TO LOOSE HER BALANCE. I THEN ADVISED THE DEFENDANT THAT SHE COULD USE EITHER LEG SHE WISHED. AT THAT POINT SHE ATTEMPTED AGAIN, HOWEVER AFTER SEVERAL SECONDS SHE LOST HER BALANCE AGAIN. TASK FOUR, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. BEFORE BEGINNING THIS TASK, THE DEFENDANT STATED THAT SHE COMPLETELY UNDERSTANDS HOW TO DO THIS TASK, HOWEVER, DURING THE FIRST NINE STEPS, ON STEPS 7,8 AND 9, SHE DID LOOSE HER BALANCE AND ON THE RETURN 9 STEPS, ON STEPS 4,5,6,7,8,9, THE DEFENDANT DID LOOSE HER BALANCE COMPLETELY. 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE AND THE DOG THAT WAS INSIDE WERE TURNED OVER TO HER DAUGHTER. 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 .068 AFTER TWO ATTEMPTS. BECAUSE OF THE ROADSIDE EVIDENCE AND THE INTOXICATION LEVEL, THE DEFENDANT WILLINGLY SUBMITTED TO A URINE EXAM WHICH WAS COMPLETED BY CORRECTIONS CORPORATION OF AMERICA EMPLOYEE KREISLE AT 1115 HOURS. THIS SAMPLE WAS TRANSPORTED TO OPERATIONS EVIDENCE LOCKER FOR SUBMISSION. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DRIVING UNDER THE INFLUENCE UNIFORM TRAFFIC CITATION, CITATION NUMBER 3164XDQ7, PENDING URINALYSIS EXAM RESULTS. THE DEFENDANT WAS ISSUED HER COPY OF THE CITATION AND PROVIDED WITH A COPY OF THE PROPERTY RECEIPT TO INCLUDE 2 SPENT CASINGS FOR A .38 PISTOL, ONE PISTOL SILVER IN COLOR WITH A BLACK GRIP SIGSAUER AUTOMATIC PISTOL, BOX OF AMMO FOR A .380 AUTOMATIC QUANTITY OF 30, ONE PACK OF RAZOR BLADES, AND AN OPEN BOTTLE OF COCONUT RUM 1.75 LITER WHICH WERE TURNED INTO EVIDENCE FOR SAFE KEEPING. SEE SUPPLEMENTS BY DEPUTY ALEXANDER AND DEPUTY JAKOB. ALSO AN IN-CAR VIDEO FROM DEPUTY ALEXANDER'S DASH CAM WAS SUBMITTED TO EVIDENCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
