| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR13-7802) 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 102613, AT APPROXIMATELY 2030 HOURS, DISPATCH RECEIVED A CALL IN REFERENCE TO A RED TOYOTA TRAVELING NORTH ON ELKCAM BOULEVARD, RUNNING ON AND OFF THE ROADWAY AND ALMOST STRIKING A POWER POLE. AT APPROXIMATELY 2039 HOURS, DEPUTY FULLER OBSERVED THE VEHICLE TRAVELING NORTH ON ELKCAM BOULEVARD, WHILE WEAVING FROM THE NORTH TO THE SOUTHBOUND LANE. AS THE DEFENDANTâS VEHICLE WAS APPROACHING WEST CITRUS SPRINGS BOULEVARD, DEPUTY FULLER ACTIVATED HIS OVERHEAD LIGHTS AND INITIATED A TRAFFIC STOP ON THE VEHICLE. UPON MAKING CONTACT WITH THE OPERATOR OF THE VEHICLE, LATER IDENTIFIED AS THE DEFENDANT, MS SHONDA BANDA, DEPUTY FULLER DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. THE DEFENDANTâS SPEECH WAS SLOW AND SO WERE HER MOTOR FUNCTIONS. AT THAT TIME, HE CONTACTED THIS DEPUTY. AT APPROXIMATELY 2055 HOURS, I ARRIVED ON SCENE AND MADE CONTACT WITH THE DEFENDANT, WHO WAS IN THE DRIVERâS SEAT OF THE VEHICLE. I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE FROM HER PERSON, HER SPEECH WAS SLURRED AND HER EYES WERE RED AND GLASSY. AT THAT TIME, I ASKED THE DEFENDANT WHERE SHE WAS GOING THIS EVENING. SHE ADVISED THAT SHE WAS JUST COMING BACK FROM PICKING UP HER 15 YEAR OLD SON FROM A HALLOWEEN PARTY. I ASKED HER HOW MUCH SHE HAD TO DRINK, WHERE SHE ADVISED THAT SHE DID NOT KNOW BUT SHE COULD GUESS THAT SHE HAD A HALF BOTTLE OF WINE. I THEN ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE. SHE WAS VERY UNSTEADY ON HER FEET WHILE EXITING THE VEHICLE, WHERE SHE USED HER LEFT ARM TO KEEP HERSELF FROM FALLING WHILE AT 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 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 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 UNSTEADY ON HER FEET, SWAYING BACK AND FORTH. SHE ALSO HAD TO BE TOLD APPROXIMATELY THREE TIMES NOT TO MOVE HER HEAD. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE AS INSTRUCTED. SHE STEPPED OFF THE LINE APPROXIMATELY FOUR TIMES, LOSING HER BALANCE. SHE CONTINUED STEPPING OFF THE LINE NOT TOUCHING HEEL TO TOE, DID NOT COUNT ALOUD AS INSTRUCTED AND USED HER ARMS FOR BALANCE. ON THE TURN AROUND, SHE LOST HER BALANCE, WHERE I WAS ABLE TO CATCH HER TO KEEP HER FROM FALLING INTO THE ROADWAY. SHE CONTINUED NOT TOUCHING HEEL TO TOE STEPPING OFF THE LINE APPROXIMATELY FIVE TIMES, USED HER ARMS FOR BALANCE AND DID NOT COUNT OUT LOUD. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS SWAYING FROM SIDE TO SIDE. AT ONE POINT, SHE HAD TO PUT HER FOOT DOWN TO KEEP FROM FALLING. SHE PICKED HER LEFT FOOT UP FOR THE COUNT OF ONE BEFORE FALLING FORWARD. SHE THEN ATTEMPTED THE TASK AGAIN AND PICKED HER RIGHT FOOT UP FOR THE COUNT OF THREE BEFORE FALLING FORWARD. THE DEFENDANT THEN ADVISED THAT SHE COULD NOT PERFORM THIS TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. 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 HER SON WERE TURNED OVER TO HER HUSBAND, MR SOLOMON BANDA. 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 .226 AND .227. 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 4232XDX5, WITH A MANDATORY COURT APPEARANCE ON 112113 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 363761B, BY DEPUTY FULLER FOR FAILURE TO MAINTAIN A SINGLE LANE. |
