| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR10115329) 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. DID DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HER TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 322.03(1). ON 061110 AT APPROXIMATELY 2221 HOURS THIS DEPUTY WAS WORKING TRAFFIC ON HIGHWAY 44 JUST EAST OF NICK NICHOLAS FORD. WHILE TRAVELING EASTBOUND I OBSERVED A VEHICLE WHICH APPEARED TO BE EXCEEDING THE SPEED LIMIT. I THEN ACTIVATED RADAR WHICH INDICATED THE VEHICLE WAS TRAVELLING 63 MILES PER HOUR (MPH) IN A 50 MPH ZONE. I THEN PERFORMED A TRAFFIC STOP ON SAID VEHICLE, WHICH WAS A 2002 KIA SPORT UTILITY VEHICLE GREEN IN COLOR, FLORIDA TAG 814HFE. AT WHICH POINT I MADE CONTACT with the DRIVER WHO WAS IDENTIFIED AS THE DEFENDANT, MS HOLLY S MORRIS. MS MORRIS IMMEDIATELY ADVISED THAT HER LICENSE WAS SUSPENDED AND REASONS WHY IT WAS SUSPENDED. THIS DEPUTY COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM MS MORRIS' BREATH, AS WELL AS HER EYES BEING GLASSY AND BLOODSHOT. THIS DEPUTY THEN WENT AND PERFORMED A DRIVER'S LICENSE CHECK SHOWING THAT the DEFENDANT, MS MORRIS, DOES NOT HAVE A FLORIDA LICENSE, ONLY A FLORIDA IDENTIFICATION CARD. MS MORRIS LATER ADVISED that SHE HAD A LICENSE IN MASSACHUSETTS BUT SHE BELIEVED IT TO BE SUSPENDED. THIS DEPUTY THEN CHECKED WITH MASSACHUSETTS, BUT THEY DID NOT SHOW SHE HAD A LICENSE IN THAT STATE. UPON ARRIVAL OF A BACK UP UNIT DEPUTY WEAKS, K-9 UNIT DEPUTY ROWAND RESPONDED TO PERFORM A K-9 SEARCH OF THE VEHICLE. SHORTLY THEREAFTER THE DEFENDANT WAS ASKED TO EXIT THE VEHICLE and WALK TO THE FRONT OF MY PATROL VEHICLE. 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 ADVISED THAT SHE HAS SEIZURES, HOWEVER SHE HAS NO PROBLEM WITH BALANCE. 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 LOST HER BALANCE AT ONE POINT AND DID NOT TOUCH HEAL TO TOE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HER ARMS FOR BALANCE AND PUT HER FOOT DOWN SEVERAL TIMES. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED THE WRONG HAND. TASK FIVE, ALPHABET. THE DEFENDANT WAS ASKED WHAT THE LAST GRADE SHE COMPLETED IN SCHOOL, SHE ADVISED SHE JUST GRADUATED FROM COLLEGE and THAT SHE KNEW THE ALPHABET. SHE WAS THEN ABLE TO COMPLETE THE ALPHABET EXCEPT FOR THE LETTER P, WHICH SHE REPEATED. SHORTLY AFTER THESE TASKS WERE PERFORMED, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI), AS WELL AS NO VALID DRIVER'S LICENSE. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. 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 URINE AND BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD. SHE ADVISED SHE WOULD SUBMIT TO URINE, BUT NOT A BREATH SAMPLE. I EXPLAINED THAT SHE WOULD BE GIVEN THIS OPPORTUNITY WHILE AT THE DETENTION FACILITY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS TURNED OVER TO DETENTION FACILITY STAFF FOR FURTHER PROCESSING. WHILE AT the CITRUS COUNTY DETENTION FACILITY SHE PROVIDED A BREATH SAMPLE. ON the FIRST ATTEMPT WAS .196 AND ON HER SECOND ATTEMPT IT WAS .195. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4412-XDX-7, WITH A MANDATORY COURT APPEARANCE OF 070110 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7045-FRY-9, FOR NO VALID DRIVER'S LICENSE WITH A TRAFFIC COURT DATE OF 070110 AT 1300 HOURS. SHE WAS THEN ISSUED CITRUS COUNTY SHERIFF'S OFFICE WARNING, NUMBER 288640B, FOR TRAVELLING 63 MPH IN A 50 MPH ZONE. THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE CARE OF HER HUSBAND, WHO WAS A PASSENGER IN THE VEHICLE. THE ENTIRE TRAFFIC STOP WAS VIDEO TAPED VIA IN-CAR VIDEO, THIS VIDEO WILL BE TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
