| Probable cause affidavit: |
SUBMITTED BY: TROOPER KJEKSTAD, ERIC 4014 (AR16-21796) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN her BLOOD ALCOHOL LEVEL WAS .08 PERCENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT CRASHED HIS VEHICLE INTO ANOTHER VEHICLE CAUSING DAMAGE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) On November 30, 2016 at approximately 2:23 pm I arrived on scene of a motor vehicle accident at the address of 3942 South Suncoast Blvd., in the parking lot of Publix. Once on scene I observed a black Ford F-150 pick up truck bearing the Florida Tag (9653TL) with damage to the left and right side of the rear bumper. I had also observed that the bumper had maroon color paint transfer, which is consistent to another vehicle hitting it. I then spoke with witnesses who stated that they observed a maroon colored truck strike the Ford pick up truck bearing the Florida tag (9653TL) several times on the side and the rear of the truck. The witnesses then stated that they observed the truck park a few aisles over and observed the driver who was later identified as (Victoria Lynn Austin by her New Hampshire Drivers License) get out of the truck and walk into Radio Shack/ Publix. Witnesses also stated that they observed Ms. Austin stumble, as she was exiting her vehicle bearing the Florida tag (DCXN95). After speaking with the owner of the Ford pick up bearing the Florida Tag (9653TL) and the witnesses, I walked over to Ms. Austin and her Maroon Toyota Tundra pick up truck bearing the Florida tag ( DCXN95), who was accompanied by the Publix Manager. I observed that the Toyota Tundra bearing the Florida tag (DCXN95) had damage to the right and left side of the front bumper. I then asked Ms. Austin what had happened and she explained that she did not hit anything. As I was speaking to Ms. Austin I had only smelled a faint odor of alcohol admitting from her breath. I then asked Ms. Austin to provide her Drivers License, registration, and proof of insurance. Ms. Austin was unable to find her registration or insurance right away and need my assistance to help her find the appropriate documents that were requested of her. I then advised Ms. Austin to walk over to my patrol car that was a few aisles over. As Ms. Austin walked over to my vehicle I observed her to be stumbling and unable to walk straight. I then over heard Ms. Austin speaking with the witnesses and heard her state that she had thought she struck a shopping cart and not a vehicle. At 3:02 pm I advised Ms. Austin that I had finished my crash investigation and that I will be starting a criminal investigation for the offense of DUI. Ms. Austin was then read her Miranda rights at approximately 3:04 pm. Ms. Austin was asked if she had any medical issues or physical defects, in which she stated that she did not. Ms. Austin was then asked when she last had an alcoholic beverage and when she last ate. Ms. Austin stated that she had drank last night around 11:00pm at her friends house and that she had half of a pancake and yogurt this morning around 10:00 am. Ms. Austin was then asked if she was willing to perform a series of field sobriety exercises, which she stated yes that she was willing to. The below evaluation was performed in the parking lot of Publix at the address of 3942 South Suncoast Blvd. in Citrus County Florida. The evaluation surface was smooth concrete with a visible blue line. The exercises were performed during the day. No surface defects were noted or claimed. The first exercise Ms. Austin performed was Horizontal Gaze Nystagmus. I observed lack of smooth pursuit, distinct and sustained Nystagmus at maximum deviation, and an onset of Nystagmus prior to 45 degrees in both of Ms. Austin's eyes. During the exercise Ms. Austin moved her head several times following the red light and was explained to not follow the red light with her head but only with her eyes before starting the exercise and during. The next exercise Ms. Austin performed was the walk and turn, which was explained and demonstrated to her. Ms. Austin performed the below exercise with no shoes, she stated the she preferred to be barefoot. During the instruction stage Ms. Austin began to start the exercise, when she was explained to not start until I was done explaining the exercise. During the exercise Ms. Austin failed to walk heal to toe several times, lost her balance in the starting stage, and she lost her balance after making the turn and lifted her hands for balance. Ms. Austin also failed to count out loud when she walking back on her last 9 steps. The next exercise Ms. Austin performed was the one leg stand, which was explained and demonstrated. Ms. Austin performed the below exercise with open heal shoes, stating that she may do better with them on. During the instruction stage Ms. Austin began the exercise early and was advised to not begin until I was completed with my instructions. Ms Austin put her foot down several times on counts 2, 3, and 4. Ms. Austin then tried the exercise on her other leg (right foot down , left foot up) and put her foot down on count 6 and stated that she could not do the exercise. Ms. Austin when then explained to tilt her head back, close her eyes, and count to thirty for the next exercise. Ms. Austin was then explained to notify me when she had reached 30 seconds. Ms. Austin started the exercise before being told to start and count to 30 seconds when my watched showed 29 seconds. At 3:17 pm Ms. Austin was placed under arrest for the offense of DUI and was transported to the Citrus County Jail. While at the Citrus County Jail Ms. Austin willingly agreed to provide samples of her breath to test for her BAC. Ms. Austin gave two samples of her breath consisting of a BAC level of .264 and .266. NARRATIVE WRITTEN BY TROOPER ERIC KJEKSTAD 4014 THE DEFENDANTâS BOND WAS SET AT $1000.00, PER THE BOND SCHEDULE. Trooper Eric Kjekstad Florida Highway Patrol 11319 Ponce DeLeon Blvd. Brooksville, Florida 34601 [email protected] www.flhsmv.gov/fhp |
