| Probable cause affidavit: |
SUBMITTED BY: MACIAS, JOSEPH 0756 (AR12124822) 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) ON 021612 AT APPROXIMATELY 0150 HOURS, I WAS PERFORMING A SECURITY CHECK AT GP'S LIQUOR LOUNGE IN HERNANDO AT THE REQUEST OF THE STAFF DUE TO PRIOR PROBLEMS AT CLOSING TIME. I OBSERVED THE DEFENDANT, MS SHEILA MORRIS, STUMBLING OUT OF THE BAR. THE DEFENDANT'S VEHICLE WAS PARKED NEXT TO MY PATROL VEHICLE. I MADE CONTACT WITH THE DEFENDANT WHO STATED SHE HAD BEEN DRINKING AND THAT SHE WAS GOING TO CALL HER BROTHER FOR A RIDE. I LEFT THE PARKING LOT AND TURNED ON TO NORTH CARL G ROSE HIGHWAY, HEADING NORTHBOUND, AND OBSERVED A FORD SPORT UTILITY VEHICLE, WHICH LOOKED LIKE THE DEFENDANT'S VEHICLE, CROSSING NORTH CARL G ROSE HIGHWAY AND TRAVEL WEST ON EAST BUFFALO LANE IN HERNANDO. I TURNED ON TO EAST BUFFALO LANE, BEHIND THE FORD, AND OBSERVED THE VEHICLE SWERVING. I PERFORMED A TRAFFIC STOP DUE TO CARELESS DRIVING. I APPROACHED THE VEHICLE AND ASKED THE DRIVER/DEFENDANT FOR HER DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. THE DEFENDANT GRABBED HER PURSE, OPENED THE ZIPPER, THEN REACHED FOR THE GLOVE COMPARTMENT AND GRABBED THE OWNER'S MANUAL. THE DEFENDANT THEN ASKED ME WHAT I NEEDED. I TOLD THE DEFENDANT AGAIN THAT I NEEDED HER DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. SHE GAVE ME HER INSURANCE CARD AND ASKED ME A THIRD TIME WHAT I NEEDED. THIS TIME, I ASKED HER FOR HER DRIVER'S LICENSE ONLY AND SHE HAD A HARD TIME GRABBING HER DRIVER'S LICENSE OUT OF HER PURSE. THE DEFENDANT ACTUALLY HAD HER LICENSE IN HER HAND THREE DIFFERENT TIMES AND PUT IT BACK IN HER PURSE BEFORE SHE FINALLY HANDED IT TO ME. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE INTERIOR OF THE VEHICLE. I OBSERVED AN OPEN CONTAINER OF BUD LIGHT BEER IN A BOTTLE IN THE CUP HOLDER. I ASKED THE DEFENDANT IF SHE HAD HAD ANYTHING TO DRINK TONIGHT, TO WHICH SHE STATED SHE DID NOT WANT TO DRINK AND DRIVE. I MADE CONTACT WITH DISPATCH AND REQUESTED DEPUTY HUNTER RESPOND TO MY LOCATION FOR ASSISTANCE WITH FIELD SOBRIETY TASKS. DEPUTY HUNTER ARRIVED ON SCENE. DEPUTY HUNTER 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, DEPUTY HUNTER ADVISED 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 BY DEPUTY HUNTER. DEPUTY HUNTER ADVISED DURING THIS TASK, THE DEFENDANT FAILED TO MAINTAIN THE START POSITION, COULD NOT MAINTAIN HER BALANCE DURING THE INSTRUCTION PHASE, STARTED BEFORE BEING TOLD TO DO SO, MISSED HEEL TO TOE SEVERAL TIMES, STEPPED OFF THE LINE NUMEROUS TIMES AND PERFORMED IN INCORRECT TURN. THE DEFENDANT HAD TO HAVE THE TASK EXPLAINED TO HER NUMEROUS TIMES. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT BY DEPUTY HUNTER. DURING THIS TASK, DEPUTY HUNTER ADVISED THAT THE DEFENDANT NEEDED THE TASK EXPLAINED TO HER NUMEROUS TIMES, COULD NOT MAINTAIN THE START POSITION, COULD NOT KEEP HER HANDS BY HER SIDES, KEPT PUTTING HER FOOT DOWN, AND HAD A HARD TIME MAINTAINING HER BALANCE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI.) THE DEFENDANT WAS J\HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY SCALLY'S TOWING. 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 REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. 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 9631-XEI7, WITH A MANDATORY COURT APPEARANCE ON 030112 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7554-GQF2, FOR OPEN CONTAINER, WITH A $116.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
