| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR13-7805) 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 HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; DID, KNOWING HER DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 102713, AT APPROXIMATELY 0209 HOURS, WHILE ON ROUTINE PATROL, I WAS DRIVING SOUTHBOUND ON HIGHWAY 41 IN THE AREA OF EDEN DRIVE. I OBSERVED THE DEFENDANTâS VEHICLE DRIVING SOUTHBOUND ON HIGHWAY 41, DRIVING BETWEEN THE CENTER AND RIGHT HAND LANE. AT THAT TIME, I SAW THE DEFENDANTâS VEHICLE GO ALL THE WAY OVER ON THE RIGHT HAND LANE, NEARLY STRIKING THE SIDEWALK AND THEN IT CROSSED BACK INTO THE CENTER LANE AND THEN OVER TO THE LEFT HAND LANE. AT THAT TIME, I ACTIVATED MY OVERHEAD LIGHTS AND SIRENS TO STOP THE DEFENDANT BEFORE SHE CAUSED A CRASH. THE DEFENDANTâS VEHICLE CAME TO STOP ON HIGHWAY 41 JUST SOUTH OF EDEN DRIVE. AT THAT TIME, I MADE CONTACT WITH THE DRIVER OF THE VEHICLE, LATER IDENTIFIED AS THE DEFENDANT, MS TAMMIE DEHGHANI. I REQUESTED HER DRIVER'S LICENSE, REGISTRATION AND INSURANCE INFORMATION, AT WHICH TIME SHE ADVISED ME THAT SHE DID NOT HAVE A DRIVER'S LICENSE. I ASKED HER WHERE IT WAS AND SHE ADVISED THAT HER LICENSE WAS FROM COLORADO AND IT WAS SUSPENDED FOR HER NOT PAYING A TRAFFIC CITATION. AS I SPOKE TO THE DEFENDANT THERE WAS A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON, HER SPEECH WAS SLURRED AND HER EYES WERE GLASSY. I ASKED HER HOW MUCH SHE HAD TO DRINK THIS EVENING, WHERE SHE ADVISED THAT SHE HAD APPROXIMATELY FOUR BEERS AND TWO SHOTS AT GRIFF'S BAR. AT THAT TIME, I HAD THE DEFENDANT EXIT HER VEHICLE, WHERE SHE WAS VERY UNSTEADY EXITING THE VEHICLE AND WALKED TO THE REAR OF THE VEHICLE. 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 TOLD APPROXIMATELY FIVE TIMES NOT TO MOVE HER HEAD. THE DEFENDANT WAS ALSO SWAYING BACK AND FORTH AND HAD TO STEP BACKWARDS TO KEEP FROM FALLING. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE DEMONSTRATION THE DEFENDANT WAS VERY UNSTEADY ON HER FEET, SWAYING BACK AND FORTH. SHE HAD TO STEP TO HER LEFT TO KEEP FROM FALLING OVER. SHE STATED THAT SHE DID NOT WANT TO DO ANY MORE FIELD SOBRIETY TASKS AND SHE WANTED TO BE PLACED UNDER ARREST. AT THAT TIME, I ADVISED THAT IT WOULD BE IN HER BEST INTERESTS TO FINISH PERFORMING THESE TASKS, WHICH THE DEFENDANT AGREED WITH. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE APPROXIMATELY SEVEN TIMES, LOSING HER BALANCE EACH TIME, DID NOT COUNT OUT LOUD AS INSTRUCTED AND USED HER ARMS TO KEEP BALANCE. ON THE TURN AROUND, SHE LOST HER BALANCE AND STILL CONTINUED TO STEP OFF THE LINE AN ADDITIONAL FIVE TIMES. SHE DID NOT COUNT OUT LOUD AND USED HER ARMS TO KEEP HER BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HELD HER RIGHT FOOT UP FOR A COUNT OF ONE BEFORE PUTTING IT DOWN. SHE THEN ATTEMPTED IT AGAIN WITH HER LEFT FOOT AND PICKED HER FOOT UP PARTIALLY BEFORE LOSING HER BALANCE. AT THAT TIME, SHE ADVISED ME TO JUST TAKE HER TO JAIL AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED KNOWINGLY. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK. THE DEFENDANT WAS THEN 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. AT THAT TIME THE DEFENDANT WAS SECURED IN THE REAR OF MY VEHICLE, WHERE SHE ADVISED THAT SHE WAS GOING TO THROW UP. THE DEFENDANT BEGAN TO THROW UP IN THE REAR OF MY PATROL VEHICLE AND ALSO URINATED ALL OVER HERSELF. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE DEFENDANTâS FRIEND, MR KEVIN DOME. 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 $500.00 BOND. SHE WAS ALSO CHARGED WITH DRIVING WHILE LICENSE SUSPENDED OR REVOKED KNOWINGLY WITH A $500.00 BOND. THE TOTAL BOND FOR BOTH CHARGES WAS $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4234XDX7 WITH A MANDATORY COURT APPEARANCE ON 112113 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 8120GQF6N, FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED WITH A MANDATORY COURT APPEARANCE ON 112113 AT 1300 HOUR, AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION 8121GQF7, FOR FAILURE TO MAINTAIN SINGLE LANE WITH A $166.00 FINE PAYABLE WITHIN 30 DAYS TO THE CITRUS COUNTY CLERK OF COURTS. |
