| Probable cause affidavit: |
SUBMITTED BY: CRANE, RYAN N223 (AR11121780) On July 17, 2011 at approximately 2130 hOUrs, I, OfFIcER Ryan Crane was on water patrol on the Citrus County side of the Withlacoochee River near the confluence of the Rainbow River. I observed a pontoon boat (FL1004JB, white 18ft Tracker) exit the Rainbow River with three persons on board talking loudly. I initiated a vessel stop on the Citrus County side of the Withlacoochee River in order to do a boating safety inspection. I used my flash light to observe a white female subject (Tracy A. Wise, DOB 10-22-69, FL DL# W200-801-69-882-0) operating the vessel. I asked the subject if I could see three serviceable life jackets, fire extinguisher, sound producing device, and the vessels registration. While the subject was looking for the life jackets I observed two large liquor bottles near the console of the boat, one of the bottles (vodka) appeared to be nearly empty. Mrs. Wise moved slowly and talked very slowly. A second subject on the boat helped Mrs. Wise to find the additional safety equipment due to his familiarity with the vessel. Mrs. Wise was very quiet and sat on the back of the vessel while I continued my inspection. I asked Mrs. Wise to move to the front of the vessel so I could administer field sobriety tasks. The subject did not respond and sat on the rear of the vessel for approximately a minute before being encouraged by her husband to follow my directions. The subject moved slowly and was helped to the front of the vessel. I asked the subject the preliminary questions for field sobriety tasks for which she answered no to all of them. While still on the vessel the following afloat tasks were performed: Horizontal Gaze Nystagmus, Finger Count, Finger to Nose, Recite the Alphabet, and Backwards Count. For each field sobriety task the instructions were clearly read from prepared text and the tasks were also demonstrated. Mrs. Wise displayed the following indicators of impairment during the field sobriety tasks: Horizontal Gaze Nystagmus: - Lack of smooth pursuit in both left and right eyes. - Distinct and sustained nystagmus at maximum deviation. - Nystagmus onset at 45 degrees in right eye. Alphabet: - Subject sang. Backwards Count: - Subject refused saying she wasn't going to do any more tasks - At this time I advised Mrs. Wise in order for me to determine if she was safe to operate the vessel she needed to comply with the field sobriety tasks or she would be placed under arrest for refusal to consent to field sobriety tasks. - Subject stated that "she cannot count backwards even when she is stone cold" but agreed to do more field sobriety tasks. Finger Count: - Subject did not count out loud per instructions. - Did not speed up. - Improper finger touch two times At this time I advised Mrs. Wise that I needed to take her to the Dunnellon boat ramp to complete field sobriety tasks. I handed Mrs. Wise a basic orange life jacket which she repeatedly had difficulty putting on. Prior to leaving the scene I turned the pontoon boat over to a subject I determined to be able to operate the vessel safely. I clearly read each task from prepared text and demonstrated each task for Mrs. Wise. Walk and Turn: - Subject started 4 times after being told not to start until told. - Subject repeatedly refused to follow directions. - The subject did nine steps and turned and asked me if she was done. - Subject did not know when task was completed. One Leg Stand: - Subject was argumentative during the entire one leg stand task. - Used arms to balance entire time. - Did not keep foot parallel to ground. - Sways while balancing twice - Hopped one time. - Put foot down once. - Counted properly to 12 one thousand and then said 13, 14, 15,16,17,18, in rapid succession. At this time, based on my probable cause, I advised Mrs. Wise she was under arrest for operating a vessel while impaired. Mrs. Wise was handcuffed and double locked and placed into a Citrus County Sheriff patrol car and transported to Citrus County Detention Facility. Upon arrival at Citrus County Detention Facility Mrs. Wise was read her implied consent requesting her to submit to an approved test of her breath to determine her breath alcohol content. Mrs. Wise stated that she would not submit to the approved test of her breath. At this time Mrs. Wise was issued a citation (V368541) for operating a vessel under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired, 327.35(1) (a) with a mandatory court appearance on 08/08/2011 at 0830 hrs at the Citrus County Court House. *NOT-EXEMPT* |
