| Probable cause affidavit: |
SUBMITTED BY: DUNIGAN, RONNIE 8398 (AR07005719) ON 102007 AT APPROXIMATELY 0810 HOURS, I WAS ON A TRAFFIC STOP AT US 19 AND WEST CARDINAL STREET FOR UNLAWFUL SPEED WHEN A BLUE IN COLOR VEHICLE TRAVELING SOUTHBOUND, BEING OPERATED BY THE DEFENDANT, MS STEPHANIE GRUBE, ALMOST TRUCK ME AT ROADSIDE. I THEN PROCEEDED TO ATTEMPT TO STOP THE DEFENDANT'S VEHICLE , WHO WAS STILL TRAVELING SOUTHBOUND ON U S 19 USING MY EMERGENCY EQUIPMENT. I CONTINUED TO PURSUIT THE VEHICLE FOR APPROXIMATELY TWO MILES, DURING WHICH TIME, I OBSERVED THE VEHICLE DRIVE OFF THE ROADWAY THREE DIFFERENT TIMES. THE VEHICLE WENT IN TO THE INSIDE LANE, TWICE, AND BACK OVER. THE DEFENDANT FINALLY CAME TO A STOP IN A PARKING LOT, AT WHICH TIME, I APPROACHED THE VEHICLE TO CHECK ON THE DEFENDANT'S CONDITION FOR THE WAY SHE WAS DRIVING. I COULD SMELL AN ODOR OF ALCOHOL BEVERAGE EMITTING FROM HER BREATH AND OBSERVED HER EYES TO BE RED AND WATERY. THE DEFENDANT WAS VERY NERVOUS AND IT WAS DIFFICULT UNDERSTANDING HER SPEECH. I ASKED THE DEFENDANT TO EXIT THE VEHICLE AND SAW THAT SHE WAS UNSTEADY ON HER FEET. I THEN ASKED HER IF SHE WOULD PERFORM A SERIES OF FIELD SOBRIETY TASKS, TO WHICH SHE AGREED. 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. THE DEFENDANT STATED THAT SHE HAS TO HAVE A JAW REPLACEMENT AND RECEIVES SHOTS IN HER NECK. 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 REFUSED TO FOLLOW INSTRUCTIONS. SHE ATTEMPTED THIS TASK TWICE AND EACH TIME, SHE TOUCHED BENEATH HER NOSE AND THEN STOPPED. THE DEFENDANT DECLINED TO CONTINUE WITH THE ADDITIONAL TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). SHE WAS HANDCUFFED (DOUBLE LOCKED) SEATED IN THE FRONT SEAT 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 WAS JIM'S TOWING. 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 $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 167629-J WITH A MANDATORY COURT APPEARANCE TO BE SET. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC), NUMBER 7275-SLA, FOR FAILURE TO MOVE OVER FOR AN EMERGENCY VEHICLE, WITH A $123.50 FINE; UTC NUMBER 0376-SLB, FOR FAIL TO DRIVE WITHIN IN A SINGLE LANE WITH A $123.50 FINE, 0377-SLB, FOR FAIL TO CARRY/EXHIBIT DRIVER'S LICENSE WITH A $76.50 FINE, ALL PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
