| Probable cause affidavit: |
SUBMITTED BY: FRIESEN, R FHP879 (AR13-4037)(FHPC130FF001788) 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; UPON MY ARRIVAL I NOTICED DAMAGE TO CROSS WALK POST AND THE DEFENDANTâS FRONT OF THE VEHICLE. THE DEFENDANT HAD ALSO PICKED UP THE CROSS WALK POST AND PUT IT INSIDE HER VEHICLE. DURING MY CRASH INVESTIGATION, I NOTICED THAT THE DEFENDANT, MS TIFFANY COOZâS EYES WERE PINPOINT AND SHE HAD A FAINT SMELL OF ALCOHOL EMITTING FROM HER PERSON. SHE WAS ALSO UNSTEADY ON HER FEET AND SHE HAD VERY CONFUSING SPEECH. 010713 AT 0053, I MADE CONTACT WITH THE DEFENDANT AND ADVISED HER THAT I WAS FINISHED WITH MY CRASH INVESTIGATION AND THAT I WAS NOW CONDUCTING A CRIMINAL INVESTIGATION FOR DRIVING UNDER THE INFLUENCE. I THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED HER IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE ADVISED THAT SHE WOULD. THE DEFENDANT THEN ADVISED THAT SHE WAS THE DRIVER OF THE VEHICLE AND THE ONLY OCCUPANT IN THE VEHICLE. 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 LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. HER EYES WERE ALSO PINPOINT. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT RAISED HER HANDS FOR BALANCE, PUT HER FOOT DOWN SEVERAL TIMES AND DID NOT COUNT OUT LOUD. AT ONE POINT, I WAS IN FEAR FOR HER FALLING. TASK THREE, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT TOUCH HEEL TO TOE, SHE KEPT HER ARMS OUT FOR BALANCE AND SHE DID NOT COUNT OUT LOUD TO BEGIN WITH. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS THEN HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DURING TRANSPORT, SHE ALSO ADVISED ME THAT SHE ONLY HAD ONE GLASS OF WINE AT THE LIQUID LAGOON BAR, AND THAT SHE TOOK HER PILLS. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY THE TOW 2 TOW WRECKER SERVICE. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, 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 DUI (DRIVING UNDER THE INFLUENCE) WITH A $500.00 BOND PER THE BOND SCHEDULE. SHE WAS ALSO CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH THE DEFENDANT'S BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 3159XBP WITH A MANDATORY COURT APPEARANCE ON 013113 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. SHE WAS ISSUED A CRIMINAL UNIFORM TRAFFIC CITATION NUMBER 1205WOR FOR DUI WITH PROPERTY DAMAGE, WITH A MANDATORY COURT APPEARANCE ON 013113 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 1204WOR, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
