| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR11119505) 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). ON 022411 AT 2133 HOURS, I WAS DISPATCHED TO THE AREA OF HIGHWAY 491 AND ROOSEVELT BOULEVARD IN REFERENCE TO A GOLD MERCURY THAT WAS LAST SEEN TRAVELING SOUTH BOUND ON HIGHWAY 491 AND WAS ALLEGED TO BE ALL OVER THE ROAD. THE CALLER STATED THE VEHICLE WAS BEING DRIVEN BY A WHITE FEMALE AND THAT THERE APPEARED TO BE A CHILD IN THE BACK SEAT. DEPUTY LAHERA WAS IN THE AREA OF HIGHWAY 491 AND ROOSEVELT BOULEVARD AND DID NOT MAKE CONTACT WITH THE VEHICLE AT THE TIME OF DISPATCH. WHILE I WAS EN ROUTE, I WITNESSED A GOLD MERCURY TRAVELING SOUTH ON HIGHWAY 491 BEING DRIVEN BY A WHITE FEMALE WITH WHAT APPEARED TO BE A YOUNG WHITE MALE IN THE BACK SEAT. I WATCHED AS THE VEHICLE TURNED WEST ONTO COUNTY ROAD 486. I THEN ADVISED DISPATCH THAT I WOULD OBSERVE THE VEHICLE TO DETERMINE WHETHER IT APPEARED IF THE DRIVER WAS IMPAIRED. WHILE APPROACHING BETTY POINT, I WATCHED AS THE GOLD MERCURY TRAVELED ACROSS THE EAST BOUND LANE AND ALMOST DROVE OFF THE SOUTH SHOULDER OF THE HIGHWAY. I THEN ACTIVATED MY EMERGENCY LIGHTS AND THE VEHICLE CROSSED BACK OVER INTO THE WEST BOUND LANE AND STOPPED ON THE NORTH SHOULDER OF THE ROADWAY. I MADE CONTACT WITH THE DRIVER, NOW KNOWN TO ME AS THE DEFENDANT, MS TAMMY SQUITIERI. AS I SPOKE WITH THE DEFENDANT, IT WAS DIFFICULT TO UNDERSTAND HER AS SHE SPOKE WITH A THICK TONGUE AND HER SPEECH WAS VERY SLURRED. I REQUESTED HER DRIVER'S LICENSE AND REGISTRATION AND SHE WAS ABLE TO SUPPLY ME WITH HER DRIVER'S LICENSE, HOWEVER, HAD TO BE REMINDED THAT I WAS WAITING FOR HER VEHICLE REGISTRATION. I ASKED THE DEFENDANT WHERE SHE WAS TRAVELING TO AND TO THE BEST THAT I COULD UNDERSTAND SHE TOLD ME THAT SHE WAS TAKING HER SON TO HIS STEPFATHER'S RESIDENCE. I THEN REQUESTED THE DEFENDANT EXIT THE VEHICLE AND ASKED IF SHE WOULD SUBMIT TO SOBRIETY TASKS IN ORDER TO DETERMINE HER CURRENT STATE. THE DEFENDANT ADVISED SHE WOULD SUBMIT. DURING THIS TIME, DEPUTY LAHERA MOVED THE DEFENDANT'S VEHICLE OFF THE ROADWAY TO THE NORTH SHOULDER OF THE ROAD. 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 AND LATER ADVISED ME SHE HAD THREE BROKEN TOES. SHE DID ADVISE ME THAT SHE CURRENTLY TAKES XANAX BUT HAD NOT HAD ONE FOR THREE DAYS. THAT SHE ALSO TAKES BLOOD PRESSURE PILLS AND GOUT PILLS. THE DEFENDANT STATED SHE WEARS CONTACT LENS BUT DID NOT HAVE THEM IN AND DID NOT NEED THEM IN ORDER TO DRIVE. 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 45 DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT COMPLETE THE TASK STATING SHE COULD NOT LIFT HER LEG ALTHOUGH DID ATTEMPT IT ON THREE SEPARATE OCCASIONS. WHILE MAKING THE ATTEMPTS STATING THAT THERE WAS NO WAY SHE COULD DO IT. THE DEFENDANT USED HER ARMS FOR BALANCE, PLACED HER FOOT DOWN, AND HAD TO CATCH HERSELF FROM FALLING. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT PLACE HER HEAD BACK AND ATTEMPTED THE TASK WITH HER EYES OPEN. AFTER TELLING THE DEFENDANT TO PUT HER ARMS DOWN, SHE CONTINUED THE TASK ON HER OWN. SHE DID NOT COMPLETE THE TASK CORRECTLY. TASK FOUR, RHOMBERG ALPHABET. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN THE TASK AND STARTED TO RHYME THE ALPHABET AND DID BREAK INTO SIMPLY STATING THEM BUT AT THE END REPEATED "WXYZ" TWICE. TASK FIVE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT ADVISED ME THAT SHE HAD THREE BROKEN TOES AND THAT THERE WAS NO WAY SHE COULD COMPLETE THE TASK. WHEN I ASKED THE DEFENDANT IF SHE WAS STATING SHE COULD NOT WALK BECAUSE OF HER BROKEN TOES SHE STATED SHE COULD AT LEAST TRY. WHILE ATTEMPTING TO WALK THE STRAIGHT LINE HEEL TO TOE, THE DEFENDANT USED HER ARMS FOR BALANCE, DID NOT WALK HEEL TO TOE, AND TOOK 14 STEPS FORWARD AND BACKWARDS NOT COMPLETING THE TASK. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI). THE DEFENDANT WAS 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. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE AT FIRST WAS LEFT ON SCENE PER THE DEFENDANT'S FIANCÉ'S REQUEST BUT IT WAS LATER ADVISED HE COULD NOT RESPOND AND IT WAS TOWED. 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 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION (UTC), NUMBER 4464-XDX, FOR DUI WITH A MANDATORY COURT APPEARANCE ON 031011 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UTC NUMBER 5732-GJX-8, FOR DRIVING ON THE OPPOSITE SIDE OF THE ROADWAY, WITH A $166.00 FINE, PAYABLE IN 30 DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
