| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR08105604) 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)(A) ON 100608 AT APPROXIMATELY 2238 HOURS, DEPUTY LABELLE NOTIFIED DISPATCH OF A VEHICLE POSSIBLY DRIVING UNDER THE INFLUENCE. I STARTED RESPONDING TO THE AREA IN AN ATTEMPT TO LOCATE THE VEHICLE. PRIOR TO MY ARRIVAL, DEPUTY LABELLE NOTIFIED DISPATCH HE HAD THE VEHICLE STOPPED AT US HIGHWAY 19 AND WEST MAYO DRIVE. UPON MY ARRIVAL, I OBSERVED THAT THE VEHICLE WAS IN THE GRASS IN THE DITCH WITH THE FRONT WHEELS AND FRONT BUMPER IN WATER WHICH WAS APPROXIMATELY A FOOT DEEP. the VEHICLE WAS ON THE NORTH SIDE OF THE MAYO DRIVE ENTRANCE. IT APPEARED THE DRIVER HAD MISSED HER TURN AND SLID INTO THE GRASS. UPON MAKING CONTACT, I WAS NOTIFIED THAT SHE HAD IN DEED BEEN ATTEMPTING TO TURN INTO WEST MAYO DRIVE, WHERE HER ADDRESS WAS LOCATED. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MS TAMMY-LYNN TAYLOR, WHO WAS STILL SEATED BEHIND THE WHEEL. I OBSERVED THAT THE DRIVER/DEFENDANT HAD EXTREMELY LARGE PUPILS AND WAS SLURRING HER SPEECH TO THE POINT THAT I COULD NOT UNDERSTAND HER. ULTIMATELY, THE DRIVER/DEFENDANT ATTEMPTED TO STEP OUT OF THE VEHICLE ON HER OWN BUT DUE TO HER INTOXICATED STATE AND THE ANGLE OF THE VEHICLE TO GETTING OUT, SHE DID SLIP TO HER KNEES. I ASSISTED THE DRIVER/DEFENDANT TO STAND UP. I WALKED HER TO MY PATROL VEHICLE, ONTO THE LEVEL PAVEMENT WHERE, WHILE TRYING TO SPEAK WITH HER, SHE CONTINUED TO RAMBLE AND ULTIMATELY RAISED HER ARMS INTO THE AIR, ADVISING THAT "SHE HAS GOT THIS," AND STARTED TO WALK AWAY FROM MY PATROL VEHICLE WITH HER HANDS STILL IN THE AIR. IT SHOULD NOTED THAT WHILE SHE ATTEMPTED TO WALK AWAY, SHE SWAYED AND CAREENED TO THE LEFT. DEPUTY LABELLE HAD TO REACH OUT AND GRAB HER AS SHE STARTED TO FALL. WE ATTEMPTED TO WALK HER BACK TO THE VEHICLE SO AS TO PERFORM FIELD SOBRIETY TASKS, AT WHICH TIME THE DRIVER/DEFENDANT BECAME UNCOOPERATIVE. WE TRIED TO MAINTAIN CONTROL OF HER, HOWEVER, SHE STARTED PUSHING OUT WITH HER ARMS. AT THAT TIME, I PLACED HER HANDS BEHIND HER BACK, SECURED HER IN HANDCUFFS WHICH WERE DOUBLE LOCKED AND ADVISED HER SHE WAS UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. DURING THE HANDCUFFING, THE DRIVER/DEFENDANT WENT TO HER KNEES IN THE ROADWAY. SHE WAS FINALLY ASSISTED BACK TO HER FEET, THEN SECURED IN THE REAR SEAR OF MY PATROL VEHICLE. THE DRIVER/DEFENDANT REFUSED TO PUT HER LEGS INSIDE OF MY PATROL VEHICLE SO DEPUTY LABELLE HAD TO PHYSICALLY PICK HER UP, PLACE HER IN THE REAR SEAT AND SECURE HER IN THE SEATBELT. AFTER BEING SECURED, THE DRIVER/DEFENDANT BEGAN TO SMACK HER FOREHEAD INTO THE BARS ON THE PASSENGER SIDE WINDOW. I HAD TO OPEN MY PATROL VEHICLE TO INSURE SHE WAS NOT INJURED. SHE DID, HOWEVER, BREAK THE LENS OUT OF HER GLASSES. THE DRIVER/DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ALONG THE WAY, I ADVISED HER OF HER RIGHTS, HOWEVER, SHE DID NOT RESPOND IN AN INTELLIGIBLE FASHION AS TO WHETHER SHE WANTED TO SPEAK WITH ME OR NOT. SHE DID ADVISE THAT SHE UNDERSTOOD HER RIGHTS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HER SON AFTER BEING PULLED OUT OF THE DITCH. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .192 AND .190. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE (DUI) WITH A $500.00 BOND, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8270-XBD, WITH A MANDATORY COURT APPEARANCE ON 102308 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
