| Probable cause affidavit: |
SUBMITTED By: SMOLENSKY, STEVE 0142 (AR08104534) did knowingly, actually and intentionally touch or strike AN EMERGENCY MEDICAL TECHNICIAN against the will of that person while knowing that said PERSON was engaged in THE lawful performance of MEDICAL duties, in violation of Florida Statute 784.07(3); AND 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(1); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY SMOLENSKY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ARRESTING THE DEFENDANT, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02; AND DID UNLAWFULLY AND WILLFULLY REFUSE TO ACCEPT AND SIGN A SUMMONS TO WIT: TWO TRAFFIC CITATIONS INDICATING A PROMISE TO APPEAR, IN VIOLATION OF FLORIDA STATE STATUTE 318.14. ON 080408 AT APPROXIMATELY 0402 HOURS, WHILE ON PATROL IN THE INVERNESS AREA, I HEARD SERGEANT BLOOMER NOTIFY DISPATCH THAT HE WAS ATTEMPTING TO STOP A VEHICLE TRAVELING WESTBOUND ON HIGHWAY 44 FROM THE AREA OF OTIS AVENUE. THE VEHICLE WAS TRAVELING WESTBOUND IN THE EASTBOUND INSIDE LANE. I IMMEDIATELY RESPONDED TO SERGEANT BLOOMER'S LOCATION. SERGEANT BLOOMER WAS ABLE TO GET THE VEHICLE STOPPED APPROXIMATELY ONE MILE AWAY, AT THE INTERSECTION OF 44 AND YELLOWWOOD. SERGEANT BLOOMER WAS USING FULL EMERGENCY EQUIPMENT, INCLUDING SIREN, WHICH DID NOT HAVE ANY EFFECT ON THE DEFENDANT UNTIL THAT TIME. I ARRIVED ON SCENE AND FOUND THE DEFENDANT TO BE EXTREMELY CONFUSED, STATING THAT SHE DID NOT KNOW WHERE SHE WAS OR WHY SHE WAS DRIVING. THE DEFENDANT WAS WEARING PAJAMAS WITH NO SHOES AND CONTINUALLY REPEATED THAT SHE WANTED TO GO HOME BECAUSE SHE DID NOT KNOW WHERE SHE WAS AND HOW SHE GOT THERE. THE DEFENDANT LED DEPUTIES TO BELIEVE THAT SHE WAS POSSIBLY SLEEPWALKING OR POSSIBLY SUFFERING FROM SOME OTHER MEDICAL CONDITION. HOWEVER, A STRONG ODOR OF ALCOHOL WAS OBSERVED ON THE DEFENDANT. SERGEANT BLOOMER ADVISED THAT HE WAS TRAVELING EASTBOUND ON HIGHWAY 44, AND AT THE INTERSECTION OF OTIS AVENUE HE OBSERVED THE DEFENDANT'S VEHICLE ATTEMPTING TO PULL INTO HIS LANE OF TRAFFIC. SERGEANT BLOOMER ADVISED THAT HE HAD TO HIT THE BRAKES AND STOP, AT WHICH TIME THE DEFENDANT PROCEEDED WESTBOUND IN THE EASTBOUND TURN LANE, PASSING THE SERGEANT, AND THEN PROCEEDED WESTBOUND IN THE EASTBOUND FAST LANE, AT WHICH TIME SERGEANT BLOOMER ADVISED HE DID A U-TURN AND IMMEDIATELY TRIED TO STOP THE DEFENDANT USING HIS LIGHTS AND SIREN. EMERGENCY MEDICAL SERVICES (EMS) WAS CONTACTED REFERENCE CHECKING OUT THE DEFENDANT IN REFERENCE TO IT BEING A POSSIBLE MEDICAL CONDITION, AT WHICH TIME MEDIC TWO ARRIVED ON SCENE. THE DEFENDANT, WHO HAD PREVIOUSLY BEEN CRYING, YET COOPERATIVE, BECAME AGITATED AND BELLIGERENT TOWARDS EMS. THE DEFENDANT FINALLY COOPERATED AND STEPPED IN BACK OF THE EMS UNIT TO BE CHECKED OUT. THE DEFENDANT'S PULSE AND BLOOD PRESSURE WAS CHECKED; HOWEVER, THE DEFENDANT REFUSED TO LET EMS CHECK HER BLOOD SUGAR. THE DEFENDANT WAS SITTING TOWARDS THE REAR OF THE EMS UNIT, AT WHICH TIME ONE MEDIC WAS SITTING ON THE STRETCHER DIRECTLY IN FRONT OF HER. AS THIS DEPUTY STOOD OUTSIDE THE UNIT, BUT IN FULL VIEW, I OBSERVED THE DEFENDANT ATTEMPT TO GET UP AND WALK OUT OF THE EMS UNIT, WHICH WOULD HAVE BEEN A DANGER TO HER DUE TO HER STUMBLING AND INABILITY TO WALK. AFTER EMS PERSONNEL TOLD HER TO SIT DOWN, SHE FINALLY AGAIN SAT DOWN; HOWEVER, A MOMENT LATER SHE AGAIN TRIED TO GET UP, AND AGAIN THE EMERGENCY MEDICAL TECHNICIAN (EMT) BEING IN FEAR OF THE DEFENDANT FALLING OUT OF THE BACK OF THE UNIT TOLD HER SHE NEEDED TO SIT DOWN AND ATTEMPTED TO REACH OUT TO KEEP THE DEFENDANT FROM FALLING. AT THAT TIME THE DEFENDANT DREW BACK AT THE EMT, AS IF TO STRIKE HIM. I IMMEDIATELY TOLD THE DEFENDANT THAT IF SHE STRUCK THE EMT SHE WOULD BE GOING TO JAIL, AT WHICH TIME THE DEFENDANT SAT BACK DOWN AND LOWERED HER HAND. MOMENTS LATER THE DEFENDANT AGAIN ATTEMPTED TO GET UP, AND WHEN THE EMT PUT OUT HIS ARM TO PREVENT THE DEFENDANT FROM FALLING, THE DEFENDANT STRUCK THE EMT IN HIS LEFT ARM WITH HER RIGHT HAND. I IMMEDIATELY TOLD THE DEFENDANT THAT SHE WAS UNDER ARREST FOR BATTERY, AT WHICH TIME SERGEANT BLOOMER AND I ATTEMPTED TO PLACE HANDCUFFS ON THE DEFENDANT. THE DEFENDANT CLENCHED UP AND REFUSED TO COOPERATE IN BEING HANDCUFFED. THE DEFENDANT WAS THEN PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. I ADVISED THE DEFENDANT AFTER PLACING HER IN THE VEHICLE THAT I ALSO FELT THAT SHE WAS UNDER THE INFLUENCE OF ALCOHOL AND I ATTEMPTED TO ASK HER IF SHE WOULD SUBMIT TO FIELD SOBRIETY TASKS. THE DEFENDANT IMMEDIATELY INTERRUPTED ME AND STATED THAT SHE HAD BEEN DRINKING AND SHE WAS NOT TAKING ANY TESTS. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY IN LECANTO FOR PROCESSING. THE DEFENDANT WAS BANGING ON THE SIDE OF THE VEHICLE WHILE EN ROUTE TO THE JAIL. ONCE AT THE JAIL, THE DEFENDANT DID GET OUT OF THE PATROL VEHICLE; HOWEVER SHE REFUSED TO GO INSIDE THE BOOKING AREA AND HAD TO BE ESCORTED BY JAIL PERSONNEL. THE DEFENDANT'S HANDCUFFS WERE REMOVED WHILE IN THE CELL, AND AFTER THE DOOR WAS CLOSED THE DEFENDANT BEGAN SCREAMING, CURSING, AND BANGING ON THE DOOR VIOLENTLY. DUE TO THE LEVEL OF THE DEFENDANT'S COMBATIVE NATURE, FIELD SOBRIETY TASKS COULD NOT BE PERFORMED AT THE JAIL, AND A REFUSAL FORM WAS COMPLETED BY INTOXILYZER OPERATOR (TO FOLLOW). TWO CITATIONS WERE COMPLETED, WHICH THE DEFENDANT ALSO REFUSED TO SIGN. THE DEFENDANT RECEIVED CITATION 9275-FIQ FOR DRIVING ON THE WRONG SIDE OF THE ROADWAY IN VIOLATION FLORIDA STATE STATUTE 316.081, AND DRIVING UNDER THE INFLUENCE (DUI) CITATION 177644-X FOR DUI, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1) *NOT-EXEMPT* |
