| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR16-18064)(16-12337) 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; ON 012716 AT APPROXIMATELY 1900 HOURS, I WAS DISPATCHED TO A TRAFFIC CRASH AT THE INTERSECTION OF COUNTY ROAD 491 AND WEST PINE RIDGE BOULEVARD. DEPUTY BEHNEN (0442) ADVISED THAT HE HAD OBSERVED A CRASH. HE ADVISED THAT THE DRIVER ON SCENE WAS HAVING TROUBLE STANDING. UPON ARRIVAL, I MADE CONTACT WITH BOTH DRIVERS WHO ADVISED THAT THEY WERE NOT INJURED. I COLLECTED THEIR INFORMATION AND COMPLETED A DRIVER'S EXCHANGE. I FOUND THE DEFENDANT, MS WENDY MCKEEHAN, AS THE AT FAULT DRIVER AND I PROVIDED BOTH PARTIES WITH THE EXCHANGE INFORMATION. DURING MY INVESTIGATION I OBSERVED THAT THE DEFENDANT SMELLED OF AN ALCOHOLIC BEVERAGE, HER SPEECH WAS SLURRED, AND HER EYES APPEARED BLOODSHOT AND GLASSY. ADDITIONALLY WHEN SHE EXITED HER VEHICLE SHE APPEARED UNSTEADY ON HER FEET AND USED THE VEHICLE ON SEVERAL OCCASIONS TO HELP HER BALANCE. I THEN ADVISED THE DEFENDANT THAT I WAS DONE WITH THE CIVIL CRASH INVESTIGATION AND THAT I WAS OPENING A CRIMINAL INVESTIGATION IN ORDER TO DETERMINE IF SHE WAS DRIVING UNDER THE INFLUENCE. SHE ADVISED THAT SHE UNDERSTOOD. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING THAT NIGHT AND SHE ADVISED SHE HAD A SINGLE RUM AND COKE WHILE IN OCALA AND SHE HAD DRIVEN STRAIGHT TO THE LOCATION WHERE THE CRASH OCCURRED. 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 WAS CURRENTLY TAKING XANAX AS DIRECTED AND THAT SHE HAD LAST TAKEN ONE PILL THAT MORNING. SHE ADVISED THAT SHE HAD A BACK INJURY THAT SHE WAS CURRENTLY SEEKING TREATMENT FOR BUT SHE DID NOT KNOW WHEN IT OCCURRED. THE BEST TIMEFRAME SHE WAS ABLE TO GIVE ME WAS MONTHS AGO. IT SHOULD BE NOTED ALL TASKS WERE COMPLETED IN AN AREA THAT WAS WELL LIT WITH A RELATIVELY CLEAN AND DRY SURFACE. ADDITIONALLY FOR THE LAST TWO TASKS THE DEFENDANT WAS ALLOWED TO REMOVE HER SHOES. SHE STATED THEY MIGHT HAMPER HER. 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. THE DEFENDANT SWAYED NOTICEABLY THROUGHOUT THE TASK AND WAS HAVING DIFFICULTY MAINTAINING HER BALANCE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD GREAT DIFFICULTY GETTING INTO AND MAINTAINING THE START POSITION AS DIRECTED. I HAD TO EXPLAIN IT TO HER ON MULTIPLE OCCASIONS AND I REMINDED HER SEVERAL TIMES NOT TO START BEFORE I DIRECTED HER TO. THE DEFENDANT ALSO HAD DIFFICULTY MAINTAINING HER BALANCE AS I EXPLAINED AND DEMONSTRATED THE TASK AND FAILED TO PROPERLY MAINTAIN THE POSITION THROUGHOUT MY EXPLANATION AND DEMONSTRATION. THROUGHOUT THE TASK THE DEFENDANT FAILED TO PLACE HER HEEL-TO-TOE THROUGHOUT THE ENTIRE EXERCISE DESPITE ME REPEATEDLY REMINDING HER TO DO IT. SHE CONTINUED WALKING ON HER FIRST SERIES OF WHAT WAS SUPPOSED TO BE NINE STEPS UNTIL I ASKED HER HOW MANY STEPS SHE HAD TAKEN. SHE REPLIED "NINE?". I THEN ASKED HER WHAT WAS SHE WAS SUPPOSED TO DO SHE STATED "TURN AROUND?" AND I ADVISED HER THAT WAS CORRECT. SHE TURNED AROUND IMPROPERLY AND STATED "I'M DRUNK I CAN'T DO THIS". AT THAT POINT SHE WAS STANDING NEXT TO HER VEHICLE AND SHE USED IT TO HELP HER MAINTAIN BALANCE FOR AS LONG AS POSSIBLE DURING HER SECOND SERIES OF NINE STEPS. THE DEFENDANT FAILED TO STEP HEEL-TO-TOE DURING THIS SERIES OF NINE STEPS AS WELL AND HAD DIFFICULTY MAINTAINING HER BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HER LEG FOR A COUNT OF APPROXIMATELY ONE HALF BEFORE PUTTING IT BACK DOWN. SHE STATED "I CAN'T DO THIS". I ASKED HER IF SHE WISHED TO TRY AGAIN AND SHE SAID YES. SHE TRIED AGAIN WITH ALMOST IDENTICAL RESULTS AND STATED AGAIN "I CAN'T DO THIS, I'M SORRY". I ASKED HER AGAIN IF SHE WANTED TO CONTINUE TO TRY AND SHE SHOOK HER HEAD NO. AT THAT POINT I PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. I HANDCUFFED HER AND PLACED HER IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED HER TO THE CITRUS COUNTY DETENTION FACILITY. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO 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 THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED FROM THE SCENE BY PRECISION TOWING. 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 .194 AND .196. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $1,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, CITATION NUMBER 8876BI WITH A MANDATORY COURT APPEARANCE ON 021116 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER A44K7EE, FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
