| Probable cause affidavit: |
SUBMITTED BY: ENTREKIN, LEE 0098 (AR09110729) 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 082909 AT APPROXIMATELY 1228 HOURS, I RESPONDED TO THE AREA OF US 41 SOUTH OF INVERNESS, IN REFERENCE TO A RED MUSTANG THAT WAS TRAVELING SLOW AND WEAVING WITHIN THE LANE. WHILE EN ROUTE SERGEANT CLARK ,WHO WAS ALSO BOLOING FOR THE SAME VEHICLE, DID LOCATE THE VEHICLE ON US 41 SOUTH JUST NORTH OF GOBBLER DRIVE. SERGEANT CLARK THEN TURNED AROUND TO WHERE HE CAUGHT UP TO THE VEHICLE. DURING HIS OBSERVATION HE ADVISED ME AT A LATER TIME, THAT THE DRIVER WAS UNABLE TO MAINTAIN A SINGLE LANE AND WAS TRAVELING SLOW AT APPROXIMATELY 20 TO 25 MILES PER HOURS AND AT ONE POINT DID TRAVEL OFF THE ROADWAY ON EAST GOBBLER DRIVE IN THE AREA OF GOOD COUNSEL CAMP, JUST MISSING A GROUP OF TREES. AT THAT TIME, AT APPROXIMATELY 1233 HOURS, SERGEANT CLARK DID CONDUCT A TRAFFIC STOP BY ACTIVATING HIS EMERGENCY LIGHTS, TO WHICH THE DEFENDANT COMPLIED AND DID PULL OVER. SERGEANT CLARK MADE THE INITIAL CONTACT WITH THE DEFENDANT AND UPON MY ARRIVAL AT APPROXIMATELY 1234 HOURS, SERGEANT CLARK DID ADVISED ME, AS I WAS APPROACHING THE REAR OF THE DEFENDANT'S VEHICLE, THAT THE DEFENDANT HAD SLURRED SPEECH AND WAS UNABLE TO PERFORM SIMPLE TASKS. I THEN APPROACHED THE DEFENDANT AS SHE WAS SITTING IN THE DRIVER'S SEAT OF THE ABOVE VEHICLE AND UPON MY INITIAL CONTACT I DID SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM HER BREATH. I DID ASK THE DEFENDANT IF SHE HAD ANY MEDICAL CONDITIONS. SHE DID STATE TO ME THAT SHE HAD ARTHRITIS IN HER KNEES. I THEN ASKED MORE SPECIFICALLY IF SHE WAS DIABETIC, TO WHICH SHE STATED NO. THE DEFENDANT SPOKE WITH SLURRED SPEECH WHILE SPEAKING WITH ME AND WAS UNABLE TO CONDUCT TASKS IN A NORMAL MANNER WHEN ASKED. AT THAT TIME, THE DEFENDANT WAS ASKED TO SUBMIT TO FIELD SOBRIETY TASKS TO DETERMINE HER ABILITY TO DRIVE A MOTOR VEHICLE, TO WHICH SHE AGREED. AT THAT TIME, THE DEFENDANT EXITED THE VEHICLE AND WAS UNSTEADY ON HER FEET. THE DEFENDANT DID USE HER VEHICLE TO ASSIST HER IN WALKING WITHOUT FALLING. I WAS ABLE TO GET THE DEFENDANT TO GO TO THE SIDE OF THE ROADWAY TO A LEVEL AREA IN FRONT OF MY PATROL VEHICLE. I THEN ASKED THE DEFENDANT ABOUT HER MEDICAL CONDITIONS AND TO WHAT EXTENT IT WOULD HINDER HER TO PERFORM THESE TASKS. SHE DID STATE THAT SHE SHOULD BE ABLE TO CONDUCT THE TASKS ASKED OF HER. EACH TASK WAS PERFORMED BEFORE CONDUCTED, EXPLAINED AND ASKED IF SHE HAD ANY QUESTIONS. 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, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO COMPLETE THE TASKS. THE DEFENDANT WAS GIVEN SEVERAL OPPORTUNITIES THE DEFENDANT WAS UNABLE TO GO HEAL TO TOE OR TO KEEP HER HANDS BY HER SIDE. THE DEFENDANT HAD ORIGINALLY STATED THAT SHE SHOULD HAVE NO PROBLEM CONDUCTING THIS TASK. AGAIN THE DEFENDANT WAS GIVEN SEVERAL OPPORTUNITIES, BUT WAS UNABLE TO PERFORM IT. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE EXPLANATION PHASE OF THIS TASK THE DEFENDANT ATTEMPTED TO CONDUCT THE TASK PRIOR TO BEING TOLD AND WAS REMINDED NO TO DO ANY TASKS UNTIL DIRECTED TO DO SO. DURING THIS TASK, THE DEFENDANT FAILED TO TOUCH THE END OF HER NOSE WITH THE TIP OF HER FINGER, SHE WAS REMINDED TO RETURN HER HAND BACK TO THE OUTWARD POSITION. THE DEFENDANT FAILED TO KEEP HER EYES CLOSED AND HER HEAD TILTED. TASK FOUR, ROMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID SAY THE ABC'S IN A FORWARD DICTATION AND AT THE END COMPLETED IT WITH THE SONG. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, AND WAS HANDCUFFED (DOUBLE LOCKED IN FRONT DUE TO HER MEDICAL STATUS). PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE DEFENDANT'S HUSBAND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, IN THE REAR SEAT OF MY PATROL VEHICLE. UPON OUR ARRIVAL THE DEFENDANT WAS HAVING A VERY DIFFICULT TIME STANDING AND KEEPING HER BALANCE WHILE ATTEMPTING TO GET HER INSIDE THE DETENTION FACILITY, AT HER OWN FREE WILL THE DEFENDANT STATED TO ME "I GUESS I AM INTOXICATED". SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS AND ASKED TO CONSENT TO THE LAWFUL TEST OF HER BREATH. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .181 AND .166. 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 492569X3 WITH A MANDATORY COURT APPEARANCE OF 092109 AT 0830 HOURS, AT THE CITRUS COUNTY COURTHOUSE. A VERBAL WARNING WAS GIVEN BY SERGEANT CLARK FOR FAILURE TO MAINTAIN A SINGLE LANE. *NOT-EXEMPT* |
