| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR12-2341) THE DEFENDANT 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) AND THE DEFENDANT did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HER normal faculties were impaired and by reason of such operation did cause damage the property of another, to-wit: TWO MAILBOXES, in violation of Florida Statute 316.061(1) ON 081212 AT APPROXIMATELY 0110 HOURS, I WAS DISPATCHED TO THE AREA OF NORTH ELKCAM BOULEVARD AND WEST MUSTANG BOULEVARD IN REFERENCE TO A POSSIBLY INTOXICATED DRIVER. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY A CANFIELD WHO WAS ALREADY ON SCENE. SHE ADVISED SHE HAD made CONTACT WITH A WHITE FEMALE, LATER IDENTIFIED AS THE DEFENDANT, MS LAURIE L GABRIELLI, WHILE SHE WAS SEATED IN THE DRIVER SEAT OF HER VEHICLE WHICH WAS STILL RUNNING WITH THE GEAR SELECT IN DRIVE. DEPUTY CANFIELD ADVISED THAT THE DEFENDANT WAS INITIALLY PASSED OUT BEHIND THE WHEEL AND WHEN AWAKENED, ADVISED SHE HAD BEEN GOING TO PICK UP HER DAUGHTER. DEPUTY CANFIELD ADVISED WHEN SHE ASKED THE DEFENDANT WHERE SHE THOUGHT SHE WAS LOCATED, THE DEFENDANT STATED âON COUNTY ROAD 488.â CONTACT WAS MADE WITH THE COMPLAINANT/WITNESS, MS KAREN BENNET, BY TELEPHONE. MS BENNET ADVISED SHE HAD OBSERVED THE VEHICLE DRIVEN BY THE DEFENDANT RUN THE STOP SIGN AT NORTH ELKCAM BOULEVARD AND WEST PINE RIDGE BOULEVARD, SOUTHBOUND. MS BENNET ADVISED SHE FURTHER WITNESSED THE DEFENDANTâS VEHICLE STRIKE TWO MAIL BOXES ON NORTH ELKCAM BOULEVARD, LATER DETERMINED TO BE LOCATED AT 4362 AND 4361 NORTH ELKCAM BOULEVARD. MS BENNET ADVISED SHE WAS ABLE TO GET THE DEFENDANT TO STOP HER VEHICLE AT THE INTERSECTION OF WEST MUSTANG BOULEVARD AND NORTH ELKCAM BOULEVARD. I MADE CONTACT WITH THE DEFENDANT WHO WAS STILL SEATED IN HER VEHICLE. DURING MY CONVERSATION WITH THE DEFENDANT, I DETECTED AN ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HER PERSON. I ALSO OBSERVED THAT HER EYES WERE GLASSY AND BLOODSHOT. I ASKED THE DEFENDANT WHERE THE DAMAGE TO THE FRONT RIGHT SIDE OF HER VEHICLE HAD COME FROM. SHE ADVISED SHE HAD HIT A MAILBOX. I ASKED HER IF SHE HAD STOPPED AND MADE CONTACT WITH THE HOMEOWNERS, TO WHICH SHE STATED NO, THAT SHE THOUGHT IT WAS TOO LATE. I THEN COMPLETED A TRAFFIC CRASH REPORT IN REFERENCE TO THE DAMAGE TO THE MAILBOXES AND ISSUED THE DEFENDANT A CITATION FOR CARELESS DRIVING, CITATION NUMBER 7340-WLQ3. I THEN INFORMED THE DEFENDANT THAT MY TRAFFIC CRASH INVESTIGATION WAS COMPLETED AND I WAS NOW BEGINNING AN INVESTIGATION IN REFERENCE TO HER POSSIBLY DRIVING UNDER THE INFLUENCE (DUI.) I HAD THE DEFENDANT STEP OUT OF HER VEHICLE AND I IMMEDIATELY NOTICED SHE WAS UNSTEADY ON HER FEET AND HAD DIFFICULTY MAINTAINING HER BALANCE. I ASKED HER IF SHE HAD HAD ANYTHING TO DRINK THIS EVENING AND SHE STATED SHE HAD ONE AND A HALF GLASSES OF WINE OVER MORE THAN ONE HOUR. 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. 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 WHILE STANDING. SHE HAD TO BE REMINDED TO KEEP HER ARMS AT HER SIDES, TO KEEP HER HEAD STILL AND TO FOLLOW THE STIMULUS WITH HER EYES ONLY. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT HAD GREAT DIFFICULTY MAINTAINING THE START POSITION. SHE REQUESTED TO CHANGE FROM FLAT SHOES TO SNEAKERS WHICH I ALLOWED. SHE AGAIN HAD GREAT DIFFICULTY MAINTAINING THE START POSITION. I DEMONSTRATED THE TASK AGAIN AND THE DEFENDANT MISSED EVERY HEEL TO TOE STEP, CONTINUED TO FOURTEEN STEPS, STOPPED AND ASKED WHAT SHE SHOULD DO. THE CORRECT TURN WAS AGAIN DEMONSTRATED TO THE DEFENDANT, HOWEVER, SHE COULD NOT PERFORM THE CORRECT TURN. THE DEFENDANT THEN ASKED IF SHE SHOULD WALK BACK THE WAY SHE CAME, TO WHICH I TOLD HER YES AND AGAIN DEMONSTRATED THE PROPER HEEL TO TOE STEPS FOR HER TO TAKE. THE DEFENDANT AGAIN FAILED TO TOUCH HEEL TO TOE ON EVERY STEP AND CONTINUED PAST THE NINE STEPS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FIRST TRIED WITH HER RIGHT LEG BUT COULD NOT MAINTAIN HER BALANCE TO THE COUNT OF ONE. SHE ASKED IF SHE COULD SWITCH LEGS AND I TOLD HER SHE COULD. THE DEFENDANT ATTEMPTED THE TASK WITH HER LEFT LEG AND THE RESULTS WERE THE SAME. DURING THIS TASK, THE DEFENDANT STATED âI COULDNâT DO THIS IF I WAS SOBER.â AFTER HER SECOND ATTEMPT, THE DEFENDANT STATED SHE COULD NOT DO THE TASK. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE AT HER REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .78 AND .79. I MADE CONTACT WITH THE DEFENDANT AND READ HER MIRANDA AND IMPLIED CONSENT AGAIN AND REQUESTED THAT SHE PROVIDE A URINE SAMPLE, TO WHICH SHE STATED SHE WOULD TRY. AFTER THE DEFENDANT WAS GIVEN AMPLE OPPORTUNITY TO DRINK WATER AND URINATE, SHE WAS UNABLE TO PRODUCE A SAMPLE AND WAS CONSIDERED A REFUSAL. 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 7148-XGA2 FOR DUI REFUSAL, WITH A MANDATORY COURT APPEARANCE ON 083012 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7341-WLQ4, FOR LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE. |
