| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR08106823) 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(1) ON 122108 AT 0240 HOURS, I RESPONDED TO THE WALGREEN'S PARKING LOT IN CRYSTAL RIVER TO ASSIST DEPUTY CALLAHAN WITH A TRAFFIC STOP. UPON ARRIVAL, I MET WITH DEPUTY CALLAHAN WHO ADVISED THE DRIVER./DEFENDANT, MS VALERIA EDWARD, APPEARED INTOXICATED. I HAD THE DEFENDANT STEP FROM THE VEHICLE AND OBSERVED SHE WAS UNSTEADY IN HER MOVEMENTS AND THERE WAS A SLIGHT ODOR OF AN ALCOHOLIC BEVERAGE ON OR ABOUT HER PERSON. HER SPEECH WAS SLURRED AND THICK-TONGUED. IT SHOULD BE NOTED THE DEFENDANT WAS SMOKING A CIGARETTE WHEN SHE EXITED THE VEHICLE AND ALSO STATED TO DEPUTY CALLAHAN, IN MY PRESENCE, THAT SHE HAD HAD THREE BEERS. 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 SHE DID HAVE A HEART CONDITION AND WAS A DIABETIC. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. DURING THIS TASK, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST BALANCE DURING INSTRUCTION; DID NOT TOUCH HEEL TO TOE ON STEP NINE DOWN AND STEPS SEVEN, EIGHT AND NINE ON THE RETURN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT SWAYED WHILE BALANCING; USED ARMS TO BALANCE OVER SIX INCHES; PUT HER FOOT DOWN ON COUNT EIGHT AND STATED SHE COULD NOT PERFORM THE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT DID NOT RETURN HER HANDS TO HER SIDES ON ALL ATTEMPTS AND WAS UNCERTAIN AND FUMBLED BUT TOUCHED ON ALL ATTEMPTS. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SEARCHED INCIDENT TO ARREST, AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS RELEASED TO HER PASSENGER, MR CHRISTOPHER BENEDETTI. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY INTOXILYZER OPERATOR EVERETT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING 0120 AND .121. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 4121-XDX, WITH A MANDATORY COURT APPEARANCE TO BE SET BY THE JUDGE, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 240148B, FOR DRIVING WITHOUT HEADLIGHTS. *NOT-EXEMPT* |
