| Probable cause affidavit: |
SUBMITTED BY: FARMER, MARK 0452 (AR08103177) 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. AND DID, KNOWING HIS/HER DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATUTE 322.34(2)(A). ON 051108 AT 1233 HOURS I WAS DISPATCHED TO WEST HALLS RIVER ROAD AND SOUTH SUNCOAST BOULEVARD IN REFERENCE TO WHAT WAS DESCRIBED AS A BROWN PLYMOUTH CARAVAN SWERVING ALL OVER THE ROAD, HEADED TOWARD HIGHWAY 19 ON HALLS RIVER ROAD. AS I WAS BEING DISPATCHED I WAS ADVISED THE VEHICLE HAD TURNED INTO THE PUBLIX PARKING LOT AND HAD DONE A U-TURN. BEING ADVISED THE TAG WAS V440KW, THE DRIVER WAS SEEN AS DRIVING ERRATICALLY IN THE PUBLIX PARKING LOT. AS THE SUBJECT WAS HEADED DOWN 19 SHE WAS SEEN CROSSING THE MEDIAN AND I WAS ADVISED SHE ALMOST HIT A PEDESTRIAN IN THE AREA OF MR WANG'S RESTAURANT. I WAS FURTHER INFORMED THAT THE COMPLAINANT OBSERVED THE VEHICLE BETWEEN WAL-MART AND PUBLIX AND OBSERVED IT HIT A CURB AND THE FENCE BEHIND SHELL STATION. I WAS UNABLE TO LOCATE THE DAMAGE TO THE GAS STATION FENCE, OTHER VEHICLES OR OTHER PERSONS. I WAS THEN ADVISED THE VEHICLE CAME TO A STOP AT SHELL STATION AT 3900 SUNCOAST BLVD IN HOMOSASSA . THE SUBJECT WAS DESCRIBED AS WHITE FEMALE WITH SHOULDER LENGTH BROWN HAIR, LAST SEEN WEARING BLUE JEANS, BLACK SHIRT, AND NO SHOES. THE COMPLAINANT HAD FOLLOWED THE SUBJECT TO THE SHELL STORE AND WITNESSED AS SHE WENT INSIDE THE STORE, POSSIBLY TO MAKE A PURCHASE. UPON MY ARRIVAL AT THE SHELL STATION, I DID WITNESS SEVERAL SUBJECTS POINTING TO A PURPLE PLYMOUTH VAN BEARING FLORIDA TAG V440KW. I PARKED MY PATROL VEHICLE BECAUSE I BELIEVED THE DRIVER OF THE PLYMOUTH VAN WAS NOW STATIONARY, HOWEVER, I DID WITNESS HER ERRATICALLY BACK UP THE VEHICLE AND THEN TRY TO PULL FORWARD. HER WINDOW WAS ROLLED DOWN AND SHE WAS HOLDING A SMALL WHITE DOG. I SHOUTED OUT TO HER TO STOP HER VEHICLE FIVE TIMES. THE DRIVER FINALLY CAME TO A COMPLETE STOP AT THE ENTRANCE FACING HIGHWAY 19 AT 3900 SOUTH SUNCOAST BOULEVARD AT THE SHELL STATION. I MADE CONTACT WITH DRIVER, LATER IDENTIFIED AS MS TONI LEE GREGSON. I ASKED HER FOR HER DRIVERS LICENSE, REGISTRATION AND PROOF OF INSURANCE. THE DRIVER'S EYES APPEARED TO BE SQUINTED. SHE WAS HOLDING A DOG AND TRIED TO HAND ME HER BANK CARD. I ASKED THE DRIVER AGAIN IF SHE COULD PRODUCE HER DRIVERS LICENSE, PROOF OF INSURANCE AND REGISTRATION, TO WHICH SHE WAS UNABLE TO PRODUCE HER LICENSE. IT SHOULD BE NOTED THE SUBJECT WAS EXTREMELY UNRESPONSIVE AND LETHARGIC, CONTINUING TO REACH INTO HER CLOTHING AND AROUND HER VEHICLE, BUT STILL COULD NOT PRODUCE HER LICENSE. THROUGH TELETYPE, I RAN HER TAG INFORMATION BASED ON HER NAME AND DATE OF BIRTH . I WAS THEN ADVISED BY TELETYPE THAT HER DRIVERS LICENSE HAD BEEN SUSPENDED AND THAT I WAS TO SEIZE HER TAG IF THE DRIVER WAS THE VEHICLE OWNER. I THEN ASKED MS GREGSON TO EXIT THE VEHICLE, TO WHICH SHE HAD SOME TROUBLE STANDING, AND I HAD HER COME TO THE REAR OF MY PATROL VEHICLE. DEPUTY WEST RESPONDED REFERENCE BACK UP AND ADVISED THAT HE WAS VIDEOTAPING THE DRIVING UNDER THE INFLUENCE (DUI) INVESTIGATION. MS GREGSON ADMITTED TO DEPUTY WEST THAT SHE HAD TAKEN SIX NARCOTIC SLEEPING PILLS, LATER IN THE INTERVIEW ADMITTED TO TAKING SEVERAL SLEEPING PILLS, AND A THIRD TIME ADMITTED TO HAVING TAKEN EIGHT SLEEPING PILLS. IT SHOULD BE NOTED THAT AT NO TIME DID THE DEFENDANT EMIT THE ODOR OF ALCOHOL FROM HER BREATH. IT WAS APPARENT THE DEFENDANT WAS UNDER THE INFLUENCE OF SOME TYPE OF SUBSTANCE. THE SUBJECT WAS ASKED WHY SHE HAD TAKEN THE SLEEPING PILLS AND IF SHE HAD MEANT TO HARM HERSELF, SHE ADVISED SHE WANTED TO TAKE A DRIVE AND TOOK THE PILLS BECAUSE THEY HELPED HER SLEEP. THE SUBJECT STATED THAT SHE HAD TRIED TO RE-REGISTER HER VEHICLE AND WAS ADVISED AT THAT TIME THAT HER LICENSE WAS CURRENTLY SUSPENDED. AT THAT TIME I ASKED SUSPECT IF SHE WOULD BE WILLING TO SUBMIT TO A FEW ROADSIDE SOBRIETY TASKS. I HAD TO REPEAT THE QUESTION SEVERAL TIMES, TO WHICH SHE FINALLY DID STATE YES, THAT SHE WOULD SUBMIT TO ROADSIDE TASKS. WE MOVED MS GREGSON TO A FIXED WHITE LINE THAT MARKED A PARKING SPOT TO ENSURE CITIZEN AND OFFICER SAFETY. 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. IT SHOULD BE NOTED DEPUTY WEST PARTICIPATED IN THE FOLLOWING, WHICH WILL BE NOTED ON AUDIO AND VIDEO TAPE. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. ALTHOUGH WE ATTEMPTED TO ADMINISTER THE HORIZONTAL GAZE NYSTAGMUS TASK, THE DEFENDANT FAILED TO FOLLOW THE INSTRUCTIONS. THE DEFENDANT WAS ALSO CLOSING HER EYES, WHICH MADE IT IMPOSSIBLE TO CHECK FOR LACK OF SMOOTH PURSUIT IN HER EYES. WE THEN DISCONTINUED THE NYSTAGMUS TASK. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT COULD NOT KEEP HER BALANCE DURING THE INSTRUCTION PHASE, STARTED BEFORE BEING TOLD TO DO SO, DID NOT TOUCH HEEL TO TOE, STEPPED OFF THE LINE, AND RAISED HER ARMS MORE THAN SIX INCHES FOR BALANCE. AN ATTEMPT WAS MADE TO RE-INSTRUCT THE DEFENDANT AND AGAIN THE DEFENDANT COULD NOT FOLLOW INSTRUCTIONS THE TASK WAS DISCONTINUED. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. IT SHOULD BE NOTED THAT WHILE GIVING HER INSTRUCTIONS AND EXPLAINING THE TASK, THE DEFENDANT WAS SWAYING WHILE BALANCING, USING HER ARMS FOR BALANCE AND ALSO PUT HER FOOT DOWN FOR BALANCE. SHE STEPPED OFF THE LINE CONTINUOUSLY AND THE DEF COULD NOT REGAIN HER COMPOSURE DURING THE INSTRUCTION AND DEMONSTRATION OF THE TASK. THE SUBJECT COULD NOT PERFORM THE TASK AFTER TWO OR MORE CUES. DEPUTY WEST AND I DISCONTINUED SOBRIETY TASKS BECAUSE THE DEFENDANT REFUSED TO GO ANY FURTHER. AT THAT TIME, THE DEFENDANT WAS ADVISED SHE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HER PARENTS, ALONG WITH HER SMALL WHITE DOG. THE TAG WAS REMOVED FROM THE VEHICLE AND WILL BE TURNED INTO DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (DHSMV). THE DEFENDANT WAS HANDCUFFED, DOUBLE LOCKED BEHIND THE BACK, AND PATTED DOWN FOR OFFICER SAFETY BEFORE BEING PLACED INTO THE REAR OF MY PATROL VEHICLE. IT WAS BROUGHT TO MY ATTENTION THAT THE DEFENDANT HAD SLIPPED OUT OF THE CUFFS WHILE IN THE REAR OF MY PATROL VEHICLE, AT WHICH TIME DEPUTY WEST RE-SECURED THE DEFENDANT IN THE HAND CUFFS AND REPLACED HER IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .000, WHICH AGAIN CONFIRMED SHE WAS NOT UNDER THE INFLUENCE OF AN ALCOHOL BEVERAGE. SHE WAS ALSO WAS REQUESTED TO SUBMIT A URINE SAMPLE, TO WHICH SHE COMPLIED, AND THE URINE SAMPLE WILL BE SUBMITTED TO EVIDENCE. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE AND ADDITIONALLY CHARGED WITH DRIVING WHILE LICENSE IS SUSPENDED, KNOWINGLY WITH A BOND AMOUNT OF $250.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 3991-XDX. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 8202-FGW FOR DRIVING WHILE LICENSE IS SUSPENDED. *NOT-EXEMPT* |
