| Probable cause affidavit: |
SUBMITTED BY: O'MELIAN, TIMOTHY 0182 (10050858) ON 052110 AT 0027 HOURS, I ARRIVED AS BACK UP FOR DEPUTY DAVIS WHO HAD INITIATED A TRAFFIC STOP ON A GRAY IN COLOR MERCEDES-BENZ BEARING FLORIDA TAG NUMBER C458C4. I WAS ADVISED BY DEPUTY DAVIS that THE VEHICLE WAS TRAVELING EASTBOUND ON HIGHWAY 44. DEPUTY DAVIS WAS TRAVELING WESTBOUND WHEN HE OBSERVED THE VEHICLE GOING AT A HIGH RATE OF SPEED, AND DETERMINED THE VEHICLE TO BE GOING 67 MILES AN HOUR IN A 45 MILES PER HOUR ZONE. DEPUTY DAVIS THEN MADE A U-TURN ON HIGHWAY 44 AND BEGAN FOLLOWING THE VEHICLE WHICH WAS TRAVELING EASTBOUND. DEPUTY DAVIS THEN ACTIVATED HIS OVERHEAD EMERGENCY LIGHTS AND SIRENS, RESULTING IN THE VEHICLE COMING TO REST AT DAN'S CLAM STAND AT THE FAR END OF the PARK. DEPUTY DAVIS OBSERVED THAT THE WHITE FEMALE DEFENDANT/DRIVER, MS TERESA PHILLIPS, HAD THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HER PERSON. AT THAT TIME, I ASKED THE DEFENDANT TO EXIT THE VEHICLE. I DID NOT INITIALLY RECEIVE A RESPONSE FROM THE DRIVER WHEN I ASKED HER WHERE SHE WAS COMING FROM AND IF SHE HAD ANYTHING TO DRINK TONIGHT. 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. THE DRIVER DID ADVISE THAT SHE HAD PAIN IN HER RIGHT RIB, BUT IT WAS UNCLEAR HOW SHE HAD INURED HERSELF. TASK ONE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT BEGAN BEFORE RECEIVING FULL INSTRUCTIONS. THE DEFENDANT WAS UNABLE TO TOUCH HEEL TO TOE, OR PIVOT WHEN INSTRUCTED. TASK TWO , ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS NOT ABLE TO COMPLETE ANY ASPECT OF THIS TASK. TASK THREE FINGER TO NOSE, THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT CONTINUED TO LOOK DOWN AND FOLLOW HER FINGER TO HER NOSE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED) BEHIND HER BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS LEFT ON SCENE AND PARKED IN FRONT OF HER BOYFRIENDS TRAILER. 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. IT SHOULD BE NOTED THAT THE DEFENDANT HAD PREVIOUSLY REFUSED TO SUBMIT TO ALCOHOL TESTING ON 051991. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE AND WAS ALSO CHARGED WITH REFUSAL TO SUBMIT WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 7888 XAD, FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT APPEARANCE OF 061010 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. DEPUTY DAVIS ISSUED THE DEFENDANT WARNING, NUMBER 271966B, FOR DRIVING 67 MILES AN HOUR IN A 45 MILE PER HOUR ZONE, AND WARNING, NUMBER 271967B, FOR FAILURE TO CARRY A VEHICLE REGISTRATION. IT SHOULD BE NOTED THAT FROM THE MOMENT OF CONTACT UNTIL HER ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT CONTINUED TO BE VERBALLY COMBATIVE AND ATTEMPTED TO FREE HERSELF FROM THE HANDCUFFS. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
