| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (2012-2378AR) 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. ON 081412 AT APPROXIMATELY 2132 HOURS, I ARRIVED IN the AREA OF NORTH ANNAPOLIS AVENUE AND EAST BISMARK STREET IN HERNANDO, IN REFERENCE TO A VEHICLE CRASH. UPON MY ARRIVAL, I MADE CONTACT WITH the OPERATOR OF VEHICLE TWO, MS RENEE CLEMONS, VICTIM. SHE ADVISED ME she WAS TRAVELLING SOUTHBOUND ON NORTH ANNAPOLIS AVENUE WHEN THE DEFENDANTâS VEHICLE WAS TRAVELLING WESTBOUND ON COUNTY ROAD 486 MAKE A RIGHT TURN ONTO NORTH ANNAPOLIS AVENUE INTO HER LANE OF TRAVEL. AT THAT TIME, she TOOK EVASIVE ACTION BY SWERVING HER VEHICLE INTO THE NORTHBOUND LANE TO TRY TO AVOID A COLLISION. THE DEFENDANTâS VEHICLE THEN STRUCK THE RIGHT, REAR OF MS CLEMONSâ VEHICLE. THE DEFENDANTâS VEHICLE THEN PROCEEDED NORTH ON ANNAPOLIS AND MADE A RIGHT-HAND TURN ONTO BISMARK STREET WITH THE VICTIM FOLLOWING HER. SHE OBSERVED THE DEFENDANTâS VEHICLE TURN RIGHT ONTO BISMARK STREET, AT WHICH TIME, THE VEHICLE CAME TO A STOP. AFTER RECEIVING THAT INFORMATION, I MADE CONTACT WITH THE DEFENDANT, MS TARA THERESA CAPUTO, AT HER VEHICLE. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON, HER SPEECH WAS SLURRED AND HER EYES WERE BLOOD-SHOT AND GLASSY. AT THAT TIME, I HAD the DEFENDANT EXIT HER VEHICLE. SHE WAS VERY UNSTEADY AND HAD TO USE HER VEHICLE TO MAINTAIN HER BALANCE. I ASKED THE DEFENDANT ABOUT THE CRASH, TO WHICH SHE ADVISED ME she MADE A RIGHT-HAND TURN and HIT ANOTHER VEHICLE. I ADVISED THE DEFENDANT THAT I WAS CONCLUDING MY TRAFFIC CRASH INVESTIGATION AND I WAS BEGINNING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE (DUI). I ASKED THE DEFENDANT HOW MUCH ALCOHOL SHE HAD TO DRINK THIS EVENING AND SHE ADVISED she HAD TWO GLASSES OF WINE AT THE MANGO GRILL. I THEN ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD PREVENT HER FROM COMPLETING ANY FIELD SOBRIETY TASKS, TO WHICH SHE STATED 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 EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS. \tTASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED TO THE DEFENDANT. DURING THIS TASK the DEFENDANT WAS VERY UNSTEADY AND AT ONE POINT TOOK A STEP TO MAINTAIN HER BALANCE. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED, AT WHICH TIME, SHE ADVISED she WAS NOT PERFORMING ANY FIELD SOBRIETY TASKS. I THAN ASKED the DEFENDANT ONE MORE TIME IF SHE WOULD PERFORM FIELD SOBRIETY TASKS AND SHE AGAIN STATED SHE WAS NOT PERFORMING ANY FIELD SOBRIETY TASKS OR TAKING ANY BREATH TESTS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DUI. THE DEFENDANT WAS READ HER MIRANDA RIGHTS AND IMPLIED CONSENT, AT WHICH TIME, she ADVISED she WAS NOT GOING TO SUBMIT TO ANY BREATH TEST. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED DOUBLE LOCKED BEHIND HER BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE THE DEFENDANT VEHICLE WAS TURNED OVER TO HER SON, MR MICHAEL CAPUTO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT REFUSED THE BREATH TEST AND THE BREATH TEST REFUSAL FORM WAS FILED OUT BY the INTOXILYZER OPERATOR. the DEFENDANT WAS CHARGED with DUI with HER BOND SET AT $500.00, PER THE BOND SCHEDULE. SHE WAS ISSUED FLORIDA DUI CITATION NUMBER 492711-X2 WITH A MANDATORY COURT APPEARANCE ON 083012 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 8135-GQF2, FOR CARELESS DRIVING WITH FINE OF $166.00, PAYABLE WITHIN 30 DAYS AT THE CITRUS COUNTY COURTHOUSE. |
