| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR10114959) 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 052210 I WAS SITTING STATIONARY IN THE MEDIAN OF US HIGHWAY 19, FACING SOUTH APPROXIMATELY ONE QUARTER MILE NORTH OF WEST VENABLE STREET IN CRYSTAL RIVER. I OBSERVED A VEHICLE APPROACHING FROM MY REAR, TRAVELING SOUTH ON US HIGHWAY 19 AND ACTIVATED MY DECATUR ELECTRONIC RADAR DEVICE. I HEARD A CLEAR AUDIO DOPPLER TONE AND OBSERVED A SPEED OF 60 MILES PER HOURS (MPH) IN A POSTED 45 MPH SPEED ZONE. NO OTHER VEHICLES WERE ON THE ROADWAY. THE VEHICLE, IDENTIFIED AS A WHITE GMC FULL SIZE VAN, PASSED MY LOCATION AND A TRAFFIC STOP WAS CONDUCTED ON US HIGHWAY 19 JUST SOUTH OF WEST VENABLE STREET. AS I APPROACHED THE DRIVER SIDE OF THE VEHICLE, THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MS VERA WISE, BEGAN OPENING THE DOOR THEN CLOSED IT. WHEN I STEPPED BESIDE THE DRIVER SIDE WINDOW, THE WINDOW WAS HALF WAY DOWN. THE DEFENDANT HANDED ME HER DRIVER'S LICENSE AND I ASKED TO PUT HER WINDOW DOWN COMPLETELY. THE DEFENDANT GRABBED THE WINDOW AND ATTEMPTED TO PUSH IT DOWN, ADVISING SHE WAS UNABLE TO PUT THE WINDOW DOWN. WHEN THE DEFENDANT SPOKE, I NOTICED THAT HER WORDS WERE SLURRED AND HER EYES APPEARED GLASSY AND BLOODSHOT. I ASKED THE DEFENDANT IF I COULD OPEN THE DOOR, TO WHICH SHE STATED YES AND DID SO. WHEN SHE DID OPEN THE DOOR, I DETECTED AN ODOR OF ALCOHOLIC BEVERAGE. I ASKED THE DEFENDANT FOR THE VEHICLE REGISTRATION AND SHE BEGAN LOOKING FOR IT. THE DEFENDANT PULLED THE DRIVER SIDE VISOR DOWN AND ATTEMPTED TO GRAB THE PAPERS; HOWEVER, MOST OF THE PAPERS FELL INTO HER LAP AND ONTO THE FLOOR. THE DEFENDANT WAS UNABLE TO LOCATE THE VEHICLE REGISTRATION. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE AND WALK TO THE FRONT OF MY PATROL VEHICLE. WHEN THE DEFENDANT STEPPED OUT OF HER VEHICLE, SHE WAS UNSTEADY. I SPOKE WITH THE DEFENDANT NEAR THE PASSENGER SIDE OF MY PATROL VEHICLE, OUT OF THE ROAD. I ASKED THE DEFENDANT WHERE SHE WAS COMING FROM, TO WHICH SHE STATED THE OAR HOUSE. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING, TO WHICH SHE STATED YES. I THEN ASKED THE DEFENDANT IF SHE FELT OKAY TO BE DRIVING AND SHE ADVISED YES. I ADVISED THE DEFENDANT THAT I WAS CONCERNED THAT SHE WAS TOO INTOXICATED TO DRIVE AND REQUESTED SHE SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS, TO WHICH SHE COOPERATED. I ASKED THE DEFENDANT WHAT SHE HAD HAD TO DRINK AND SHE ADVISED ONE BEER. I ASKED THE DEFENDANT WHAT TIME SHE HAD ORDERED THAT BEER AND SHE ADVISED BETWEEN TEN AND TEN THIRTY P.M. ON 052110. ACCORDING TO THE DEFENDANT, SHE LAST ATE AT APPROXIMATELY AT SEVEN O'CLOCK ON 052110. 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 SHE DID NOT. THE TASKS WERE PERFORMED ON A LEVEL, FLAT SIDEWALK NEAR THE LOCATION OF THE TRAFFIC STOP. 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. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT TOOK TEN STEPS INSTEAD OF SEVEN AND WAS UNSTEADY ON HER FEET. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO LEFT HER RIGHT FOOT FOR MORE THAN ONE SECOND, COUNTED TEN, ELEVEN AND TWELVE THREE DIFFERENT TIMES. THIS TASK WAS ATTEMPTED FOR THIRTY SECONDS. TASK FOUR, ALPHABET RECITATION. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT ADVISED THAT SHE UNDERSTOOD WHEN I TOLD HER TO RECITE THE ALPHABET IN A MONOTONE AND UNDERSTOOD WHAT A MONOTONE WAS. I ALSO DEMONSTRATED MONOTONE TO HER AND TOLD HER NOT TO RHYME OR SING THE ALPHABET. DURING THIS TASK, THE DEFENDANT RHYMED THE ALPHABET AND WENT THROUGH THE ALPHABET RATHER QUICKLY AND REPLACED THE LETTER "V" WITH THE LETTER "B.” TASK FIVE, FINGER TO NOSE TASK. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO KEEP HER HEAD TILTED BACK AND HER EYES CLOSED. SHE HAD TO BE REMINDED THREE DIFFERENT TIMES TO REMOVE HER FINGER AFTER SHE TOUCHED THE TIP OF HER NOSE. THE DEFENDANT ALSO MISSED THE TIP OF HER NOSE WITH THE TIP OF HER FINGER ON EVERY ATTEMPT. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. THE DEFENDANT STATED SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO A FRIEND, CASEY, TELEPHONE 422-0486. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 9438-XAI7, WITH A MANDATORY COURT APPEARANCE ON 061010 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 2892-ECH6, FOR FAILURE TO DISPLAY REGISTRATION AND WRITTEN WARNING NUMBER 262956B, FOR UNLAWFUL SPEED 60 MPH IN A POSTED 45 MPH SPEED ZONE. *NOT-EXEMPT* |
