| Probable cause affidavit: |
SUBMITTED BY: DECARLIS, DAVID 1242/2740 (AR14-11971) 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). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER NORMAL FACULTIES WERE IMPAIRED AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANTâS DRIVER SIDE OUTSIDE REAR VIEW MIRROR MADE CONTACT WITH THE LEFT REAR SIDE OF A 2006 DODGE SPRINTER CARGO VAN, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061(1). DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A GLASS MARIJUANA SMOKING WATER PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON SEPTEMBER 11, 2014 AT 1439 HOURS, I WAS DISPATCHED TO THE INTERSECTION OF COUNTY ROAD 486 & OTTAWA STREET IN REFERENCE TO A TRAFFIC CRASH. UPON ARRIVAL AT 1500 HOURS, I MET WITH DEPUTY JAMES SUDLOW â ID 759, DEPUTY NICHOLAS HESSE â ID 689, DEPUTY SHERIFF IN TRAINING (DST) EVAN MARSHALL â ID 1336, AND DST JASON COOK â ID 1333. I WAS INFORMED THAT THE CRASH OCCURRED ON COUNTY ROAD 491 JUST SOUTH OF W. HORACE ALLEN STREET, AND THAT THE SUSPECT FAILED TO STOP AND CONTINUED NORTHBOUND AND THEN DROVE EAST ON COUNTY ROAD 486. DRIVER OF VEHICLE 02 PROCEEDED TO FOLLOW THE SUSPECT AND UPON HER STOPPING FOR A RED TRAFFIC SIGNAL AT THE INTERSECTION OF OTTAWA STREET, DRIVER 02 POSITIONED HIS VEHICLE AHEAD OF HER, EXITED AND THEN REMOVED THE KEYS FROM THE SUSPECT VEHICLE IGNITION. I WAS FURTHER INFORMED THAT THE SUSPECT APPEARED TO BE IMPAIRED, AND THAT DRIVER 02 HAD ALSO NOTICED UNUSUAL DRIVING BEHAVIOR PRIOR TO THE SUSPECT STOPPING AT OTTAWA STREET. THE SUSPECT HAD TOLD THE DEPUTIES SHE HAD JUST COME FROM B-CLEAN CAR WASH IN CRYSTAL RIVER WHERE SHE IS AN EMPLOYEE, AND WAS GOING TO NAPA AUTO PARTS IN DUNNELLON. (DEFENDANT'S ROUTE WAS FAR FROM DIRECT TO DUNNELLON FROM CRYSTAL RIVER) I THEN SPOKE TO DRIVER 02, WHO STATED HE HAD BEEN TRAVELING SOUTH ON COUNTY ROAD 491 AND AS HE AND DRIVER 01 APPROACHED, HE OBSERVED AT LEAST ONE HALF OF HER VEHICLE DRIFT OVER THE CENTER LINE AND CONTINUED TO DRIFT, AT WHICH TIME HE TOOK EVASIVE ACTION AND VEERED RIGHT. UPON DOING SO, THE DRIVER'S SIDE MIRROR ON VEHICLE 01 MADE CONTACT WITH THE LEFT REAR SIDE OF VEHICLE 02. DRIVER 02 PROCEEDED TO SLOW AND PULL OVER TO THE RIGHT SIDE OF THE ROAD, AT WHICH TIME HE OBSERVED DRIVER 01 CONTINUE TO DRIVE NORTHBOUND. DRIVER 02 MADE A U-TURN AND FOLLOWED HER NORTH TO COUNTY ROAD 486, THEN EAST ON COUNTY ROAD 486. WHILE NEARING OTTAWA STREET, DRIVER 01 IS SAID TO HAVE CHANGED LANES SEVERAL TIMES FOR NO APPARENT REASON, FINALLY STOPPING IN THE INSIDE, EASTBOUND LANE AT OTTAWA STREET. DRIVER 02 PROCEEDED TO DRIVE AROUND THE LEFT SIDE OF HER VEHICLE AND THEN STOPPED IN FRONT OF HER SOMEWHAT PERPENDICULAR TO PREVENT HER CONTINUED MOVEMENT. HE THEN EXITED HIS VEHICLE; RAN UP TO THE SUSPECT'S OPEN WINDOW, REACHED IN AND REMOVED THE IGNITION KEYS. I INSPECTED VEHICLE 02 WHICH HAD A SMALL HORIZONTAL BLACK MARK ALONG THE LEFT REAR SIDE OF THE VEHICLE. I THEN SPOKE WITH THE SUSPECT AND AS SHE EXITED HER VEHICLE I NOTICED SHE WAS UNSTEADY ON HER FEET AND LEANED ON THE CAR FOR BALANCE. HER PUPILS WERE CONSTRICTED AND HER SPEECH WAS SLIGHTLY THICK TONGUED. AFTER SPEAKING TO THE SUSPECT ABOUT THE CRASH, SHE STATED SHE DID HEAR THE VEHICLES TOUCH BUT DID NOT STOP BECAUSE SHE THOUGHT DRIVER 02 DID NOT STOP. I PROCEEDED TO INSPECT VEHICLE 01 AND COULD SEE A HORIZONTAL FRICTION MARK ON THE BLACK IN COLOR LEFT SIDE MIRROR CASING. I THEN USED A METAL TAPE MEASURE AND FOUND THAT BOTH MARKS ON VEHICLE 01 AND VEHICLE 02 ARE APPROXIMATELY 37 INCHES ABOVE THE GROUND. AT 1511 HOURS, I INFORMED THE SUSPECT THAT I WAS NOW CONDUCTING A CRIMINAL DRIVING UNDER THE INFLUENCE INVESTIGATION. I ASKED HER IF SHE IS INJURED AND SHE SAID NO. SHE STATED SHE DOES NOT WEAR CONTACT LENSES AND DOES NOT HAVE EYE GLASSES, ALTHOUGH SHE NEEDS THEM TO READ. (THERE IS NO CORRECTIVE LENSES RESTRICTION ON HER DRIVER'S LICENSE) I ASKED IF SHE IS DIABETIC AND SHE SAID NO. SHE DENIED TAKING ANY TYPE OF DRUG, MEDICATION, OR USE OF ALCOHOLIC BEVERAGES. THE SUSPECT DID STATE SHE SOMETIMES RECEIVES MENTAL HEALTH ASSISTANCE. WHEN ASKED IF SHE HAS ANY PHYSICAL LIMITATIONS TO INCLUDE KNEE OR HIP REPLACEMENTS, SHE SAID NO, HOWEVER SHE DID STATE SHE HAD A TORN "ALC", ON HER "DRIVING LEG". WHEN ASKED IF THIS IS HER RIGHT LEG SHE BECAME CONFUSED ABOUT WHICH LEG AND FOOT SHE USES TO DEPRESS THE ACCELERATOR IN HER CAR, AND WHICH FOOT SHE USES TO DEPRESS THE BRAKE. I THEN EXPLAINED THE HORIZONTAL GAZE NYSTAGMUS EXERCISE TO HER WITH RESULTS AS FOLLOWS: THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID HAVE VERTICAL GAZE NYSTAGMUS AS WELL. I THEN EXPLAINED AND DEMONSTRATED THE WALK AND TURN EXERCISE WITH RESULTS AS FOLLOWS: SUSPECT USED ARMS FOR BALANCE WHILE LISTENING TO INSTRUCTIONS, STEPPED OFF LINE DURING INSTRUCTIONS, LOST BALANCE DURING INSTRUCTIONS, MADE AN IMPROPER TURN, KEPT LOSING BALANCE, KEPT RAISING ARMS OVER 6 INCHES, STOPPED TO TIGHTEN HER SHOE LACES, ALMOST FELL OVER ON RETURN WALK STEP 1, STEPPED OFF LINE 3 TIMES BEFORE STARTING, BENT OVER, ALMOST FELL OVER, STEPPED OFF LINE ON STEP 7. I THEN EXPLAINED AND DEMONSTRATED THE ONE LEG STAND EXERCISE WITH RESULTS AS FOLLOWS: SUSPECT INITIALLY FAILED TO LIFT HER RIGHT HEEL OFF THE GROUND, PUT FOOT DOWN ON COUNT 5, STARTED AGAIN AND IMMEDIATELY PUT HER FOOT DOWN AND LOST BALANCE, TRIED AGAIN AND PUT FOOT DOWN ON COUNT 6, COUNT 7 LOST BALANCE, PUT FOOT DOWN COUNT 17, NUMBER COUNT JUMPED OUT OF SEQUENCE SEVERAL TIMES. THESE EXERCISES WERE CONDUCTED ON A REASONABLY FLAT, PAVED, LEVEL SURFACE, USING A SOLID YELLOW COLORED ROAD MARKING LINE FOR THE WALK AND TURN EXERCISE. AT THAT TIME I PLACED THE SUSPECT UNDER ARREST FOR DRIVING WHILE IMPAIRED. SHE WAS HANDCUFFED (DOUBLE-LOCKED), AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY NICHOLAS HESSE AND DST JASON COOK. I REMAINED ON SCENE AND CALLED FOR A ROTATION WRECKER FOR THE SUSPECT VEHICLE. WHILE WAITING FOR THE TOW TRUCK ARRIVAL, I CONDUCTED AN INVENTORY OF THE VEHICLE FOR TOWING RECEIPT PURPOSES. WHILE CONDUCTING SUCH INVENTORY, I LOCATED JUST UNDER THE FORWARD EDGE OF THE DRIVER'S SEAT ALONG THE LEFT SIDE (JUST BELOW WHERE THE DRIVER'S KNEE WOULD BE LOCATED WHILE SEATED) A GLASS MARIJUANA SMOKING PIPE WITH A SMALL AMOUNT OF WATER IN THE BASE OF THE PIPE, AS WELL AS RESIDUE FROM USE. I ALSO NOTICED A SMALL BOTTLE OF "REDNESS RELIEF" EYE DROPS IN THE CENTER CONSOLE. I SEIZED THE PIPE AND UPON ARRIVAL OF THE TOW TRUCK I DEPARTED THE SCENE AND PROCEEDED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT 1653 HOURS, I CONDUCTED A CHEMICAL PRESUMPTIVE TEST ON THE RESIDUE LOCATED INSIDE THE PIPE, WHICH TESTED POSITIVE FOR THC, THE ACTIVE INGREDIENT IN MARIJUANA. I THEN SPOKE WITH INTOXILYZER OPERATOR ANTHONY PITTI, WHO STATED HE ADMINISTERED THE TEST TO THE SUSPECT (AT MY REQUEST) AND SHE TESTED NEGATIVE FOR ALCOHOL USE. AT 1712 HOURS I SPOKE TO THE SUSPECT AND REQUESTED A URINE SAMPLE, TO WHICH SHE AGREED. CORRECTIONS OFFICER CHERYL CERASE â ID 1401906 THEN COLLECTED A URINE SPECIMEN FROM THE SUSPECT AT 1718 HOURS. THE SUSPECT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION FOR DRIVING WHILE IMPAIRED, DUI WITH PROPERTY DAMAGE, FAILING TO MAINTAIN A SINGLE LANE, AND LEAVING THE SCENE OF A CRASH WITH PROPERTY DAMAGE. SHE WAS ALSO CHARGED WITH POSSESSION OF DRUG PARAPHERNALIA. BOND WAS SET AT $1750.00 THIS REPORT NARRATIVE WAS TYPED BY TROOPER DAVID DECARLIS â 1242/2740 FLORIDA HIGHWAY PATROL CASE NUMBER: FHPC14OFF083228 |
