| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR918) THE DEFENDANT, MS DEBORAH FINK DAVIS, 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 042712 AT APPROXIMATELY 2240 HOURS, WHILE WORKING TRAFFIC ON WEST NORVELL BRYANT HIGHWAY, JUST EAST OF BRENTWOOD CIRCLE, K9 DEPUTY PRICE PERFORMED A TRAFFIC STOP ON A WHITE JEEP WRANGLER, BEARING FLORIDA TAG M551JJ, FOR A TRAFFIC INFRACTION OF VIOLATION OF THE FLORIDA MOVE OVER ACT. UPON MAKING CONTACT WITH THE DRIVER AND DEFENDANT, DEPUTY PRICE IDENTIFIED THE DEFENDANT THROUGH HER FLORIDA DRIVERâS LICENSE AS MS DEBORAH FINK DAVIS. DEPUTY PRICE THEN CONTACTED THIS DEPUTY, SHORTLY AFTER WHICH POINT I RESPONDED TO THE SCENE. UPON MY ARRIVAL I MADE CONTACT WITH THE DEFENDANT. I OBSERVED THE DEFENDANT TO HAVE GLASSY BLOODSHOT EYES, AND THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH. SHE ALSO DID NOT APPEAR TO BE STEADY ON HER FEET. I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM/HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED, âI DONâT THINK SO.â TASK ONE, HORIZONTAL GAZE NYSTAGMUS: PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS/HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. 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. TASK TWO, WALK AND TURN: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STOPPED WALKING TO STEADY HERSELF, AND DID NOT TOUCH HEEL TO TOE. THE DEFENDANT LOST HER BALANCE WHILE WALKING. SHE TOOK AN INCORRECT NUMBER OF STEPS, AND COULD NOT PERFORM THE TASK TASK THREE, ONE LEG STAND: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAVERED WHILE BALANCING, PUT HER FOOT DOWN SEVERAL TIMES, AND COULD NOT COMPLETE THE TASK. TASK FOUR, FINGER TO NOSE: THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED THE TIP OF HER NOSE SEVERAL TIMES, AND DID NOT KEEP HER EYES CLOSED. SHE FAILED TO RETURN HER ARM TO THE SIDE. TASK FIVE, ROMBERG ALPHABET: THE TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. I ASKED HER WHAT THE LAST GRADE SHE HAD COMPLETED IN SCHOOL WAS, AND SHE ADVISED THAT SHE HAD COMPLETED COLLEGE AND THAT SHE DID KNOW THE ALPHABET. SHE WAS ABLE TO COMPLETE THIS TASK SATISFACTORY. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA PRE-PRINTED AGENCY CARD. THE DEFENDANT ADVISED THAT SHE DID UNDERSTAND HER RIGHTS, AND WISHED TO CONTINUE TO SPEAK WITH ME AT THIS TIME. 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. AFTER LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCE TOWING. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS FOR THE FIRST TIME BEING 0.123, AND THE SECOND BEING 0.122. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE, AND BOND WAS PLACED AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8796XBI3, WITH A MANDATORY COURT APPEARANCE OF 0551712 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. DEPUTY PRICE ALSO ISSUED THE DEFENDANT FLORIDA UNIFORM TRAFFIC CITATION, NUMBER 5718GJXX, FOR VIOLATION OF THE FLORIDA MOVE OVER ACT, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE ON-SCENE SOBRIETY TASKS WERE VIA TAPED AN INTERIOR PATROL VEHICLE CAMERA, AND FOOTAGE OF WHICH WAS LATER TURNED INTO EVIDENCE. |
