| Probable cause affidavit: |
SUBMITTED BY: BRIGGS, RICHARD 0089 (AR2365) THE DEFENDANT, MS TAYLOR JOAN HALL, 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. ON 081412 AT APPROXIMATELY 0228 HOURS, WHILE ON ROUTINE PATROL, AND TRAVELING NORTHBOUND ON CR 491/SOUTH LECANTO HIGHWAY, NEAR DELTONA BOULEVARD, I WAS CONDUCTING MOVING RADAR, WHEN I OBSERVED THE DEFENDANT’S VEHICLE TO BE TRAVELING SOUTHBOUND, AND APPEARED TO BE EXCEEDING THE POSTED SPEED LIMIT. AS THE DEFENDANT’S VEHICLE APPROACHED MY VEHICLE, THERE WAS A CLEAR AUDIO DOPPLER TONE FROM THE RADAR, REVEALING THAT THE DEFENDANT WAS TRAVELING PAST THE POSTED SPEED LIMIT, AT A SPEED OF 70 MILES PER HOUR WHILE IN A 55 MILES PER HOUR ZONE. AT THAT TIME, I TURNED MY PATROL VEHICLE AROUND, ACTIVATED MY OVERHEAD LIGHTS AND SIREN, AND CONDUCTED A TRAFFIC STOP ON THE DEFENDANT’S VEHICLE. THE DEFENDANT’S VEHICLE THEN CAME TO A STOP ON THE CR 491 AND DELTONA BOULEVARD, ON THE SOUTHWEST SHOULDER. I THEN MADE CONTACT WITH THE DEFENDANT WHILE SHE WAS STILL INSIDE OF HER VEHICLE. AS I APPROACHED THE VEHICLE, I DID DETECT THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE TO BE EMITTING FROM HER PERSON, AND OBSERVED THE DEFENDANT’S EYES TO BE GLASSY, AND HER SPEECH WAS SLURRED. I ASKED THE DEFENDANT HOW MUCH SHE HAD HAD TO DRINK THIS EVENING, TO WHICH SHE ADVISED SHE HAD DRANK ONLY TWO BEERS. I THEN ASKED THE DEFENDANT TO EXIT HER VEHICLE, AND UPON EXITING HER VEHICLE, SHE LOST HER BALANCE, AND HAD TO LEAN AGAINST HER VEHICLE TO KEEP FROM FALLING OVER. I THEN ASKED THE DEFENDANT HOW MUCH SHE HAD HAD TO DRINK, TO WHICH SHE THEN STATED THAT SHE HAD HAD TWO BEERS APPROXIMATELY TWO WEEKS AGO. 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. 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. THE DEFENDANT WAS SWAYING BACK AND FORTH DURING THIS EXERCISE, AND AT ONE POINT, USED HER ARMS TO KEEP HER BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THE DEMONSTRATION OF THIS TASK, THE DEFENDANT ATTEMPTED TO PERFORM THE TASK, AND THE DEFENDANT HAD TO BE REMINDED NOT TO DO SO UNTIL THE DEMONSTRATION WAS COMPLETE. DURING THIS TASK, THE DEFENDANT TOOK APPROXIMATELY FOUR STEPS, NOT TOUCHING HEEL TO TOE. ON THE FOURTH STEP, SHE COMPLETELY LOST HER BALANCE, AND INFORMED THIS DEPUTY THAT SHE COULD NOT COMPLETE THE TASK , BECAUSE HAD HAD TOO MUCH TO DRINK THIS EVENING. I THEN GAVE THE DEFENDANT A SECOND OPPORTUNITY TO PERFORM THIS TASK, AND THE DEFENDANT TOOK APPROXIMATELY THREE STEPS, AND AVDISED AGAIN THAT SHE COULD NOT COMPLETE THIS TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS VERY UNSTEADY ON HER FEET, USING HER ARMS TO KEEP HER BALANCE. THE DEFENDANT COUNTED TO THREE, PUT HER FOOT DOWN, AND ADVISED THIS DEPUTY THAT SHE COULD NOT PERFORM THIS TASK, EITHER. THE DEFENDANT AGAINST WAS GIVEN ANOTHER OPPORTUNITY TO PERFORM THIS TASK, AND SHE STATED, AGAIN, THAT SHE COULD NOT AS SHE HAD HAD TOO MUCH TO DRINK. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS 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 TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, DEPUTY INDORATO MADE CONTACT WITH THE VICTIM’S MOTHER, WHO ADVISED THAT SHE WOULD NOT RESPOND TO THE SCENE TO RETRIEVE THE VEHICLE. SHE REQUESTED THAT THE VEHICLE BE SECURED AND LEFT ON SCENE. THE DEFENDANT’S VEHICLE WAS THEN LEFT ON SCENE, PER THE FAMILY’S REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS AGAIN READ HER IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING 0.200, AND 0.210. THE DEFENDANT WAS THEN READ HER MIRANDA WARNINGS VIA THE PREAPPROVED PRINTED CARD. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND SET, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7260XAD8, WITH A MANDATORY COURT APPEARANCE OF 083012 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8132GQFX, FOR VIOLATION OF A TRAFFIC CONTROL DEVICE, BY TRAVELLING 70 MILES PER HOUR IN A 55 MILES PER HOUR ZONE, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
