| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR 13-5124) 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 OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT IMPROPERLY CHANGED LANES IMPACTING THE FRONT BUMPER OF THE VICTIMâS VEHICLE A 2002 KIA SPORTAGE WITH THE RIGHT REAR QUARTER PANEL CAUSING DAMAGE IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 040713 AT APPROXIMATELY 1811 HOURS, I WAS DISPATCHED TO THE AREA OF THE RACE TRAC LOCATED AT 1030 SE HIGHWAY 19 IN CRYSTAL RIVER. UPON ARRIVAL, I WAS REDIRECTED TO PATâS PAWN WHICH WAS LOCATED ACROSS THE STREET AT 915 SE HIGHWAY 19. UPON MY ARRIVAL, I MADE CONTACT WITH BOTH DRIVERS. THE FIRST DRIVER BEING THE DEFENDANT, MS DONNA HUMPHRIES, WHO WAS DRIVING A 2004, WHITE, MERCURY, FOUR DOOR BEARING FLORIDA TAG U780JS. THE DEFENDANT STATED THAT WHILE TRAVELING NORTHBOUND ON US HIGHWAY 19 IN THE CENTER LANE, SHE ATTEMPTED TO CHANGE LANES TO THE RIGHT LANE IMPACTING ANOTHER VEHICLE, WHICH IS WHEN SHE STOPPED AT PATâS PAWN IN THE PARKING LOT. I OBSERVED DAMAGE TO THE RIGHT REAR QUARTER PANEL OF VEHICLE ONE, WHICH WAS THE DEFENDANTâS VEHICLE, WITH APPROXIMATELY $100.00 IN DAMAGE. I THEN MADE CONTACT WITH THE SECOND DRIVER/VICTIM INVOLVED WHO IDENTIFIED HIMSELF AS MR RICHARD ACEVEDO, WHO STATED THAT AS HE WAS TRAVELLING NORTHBOUND ON US HIGHWAY 19 IN THE RIGHT TRAFFIC LANE. HE ADVISED THE DEFENDANTâS VEHICLE HAD CHANGED LANES INTO HIS LANE IMPACTING HIS VEHICLE CAUSING THE FRONT BUMPER TO FALL OFF HIS VEHICLE. THE VICTIM STATED HE ALSO STOPPED IN THE PARKING LOT AT PATâS PAWN. THERE WERE NO INJURIES AND NO ONE REQUESTED TO HAVE EMERGENCY MEDICAL SERVICES (EMS) RESPOND. I OBSERVED DAMAGE TO THE FRONT OF THE VICTIMâS VEHICLE WHICH WAS ESTIMATED AT $500.00 IN DAMAGE. WHILE SPEAKING WITH THE DEFENDANT, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. I ALSO OBSERVED THAT SHE WAS SWEATING, HER FACE WAS RED AND FLUSHED, AND HER EYES WERE GLASSY AND APPEARED BLOODSHOT. I ADVISED HER THAT SHE WAS AT FAULT IN THE ACCIDENT AND THAT SHE WOULD BE CITED. A TRAFFIC CRASH REPORT WILL BE COMPLETED. I THEN INFORMED HER THAT MY TRAFFIC CRASH INVESTIGATION WAS COMPLETED AND THAT I WAS CHANGING MY INVESTIGATION TO A CRIMINAL INVESTIGATION. I THEN READ THE DEFENDANT HER MIRANDA WARNING FROM A PREPRINTED CARD AND SHE STATED THAT SHE UNDERSTOOD HER RIGHTS. I ASKED THE DEFENDANT IF SHE HAD BEEN DRINKING AND SHE STATED SHE HAD BEEN AT HUDSON BEACH AT A FRIENDâS RESIDENCE AND THAT SHE WAS COMING FROM A BEACH PARTY AND GOING HOME. I ASKED HER IF SHE HAD ANYTHING TO DRINK AND SHE STATED THAT SHE HAD PREVIOUSLY DRUNK TEA AND HAD TWO JELL-O SHOTS. 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 THAT SHE HAD DOUBLE VISION; HOWEVER, THIS WOULD NOT PROHIBIT HER FROM COMPLETING FIELD SOBRIETY TASKS.. 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 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. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED TOO SOON, MISSED HEEL TO TOE ON STEPS THREE, FOUR, FIVE, SIX, SEVEN, EIGHT AND NINE. AS THE DEFENDANT TURNED AROUND SHE MISSED HEEL TO TOE ON STEPS ONE THROUGH NINE AND USED BOTH HER ARMS TO BALANCE HERSELF. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT USED HER ARMS TO BALANCE HERSELF AND PLACED HER FOOT DOWN ON 1010, THEN STOPPED. THE DEFENDANT CONTINUED THE TASK AND STARTED ON COUNT 1012 AND SKIPPED TO COUNT 1015. THE DEFENDANT STATED SHE COULD DO THIS ALL AFTERNOON AND THEN SHE FAILED TO CONTINUE AND COMPLETE THE TASK CORRECTLY. 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. WHILE THESE TASK WERE BEING PERFORMED MY IN-CAR VIDEO WAS ACTIVATED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. 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 NOT SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER FRIEND, MS APRIL CRUZ. THE DEFENDANTâS PASSENGER MR KENNY BUNCH, WHO HAD ALSO BEEN DRINKING, WAS TAKEN HOME BY MS CRUZ. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT. 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 ALSO CHARGED WITH DRIVING UNDER THE INFLUENCE WITH DAMAGE TO PROPERTY WITH A BOND OF $500.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7242-XGA-X WITH A MANDATORY COURT APPEARANCE OF 042513 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7032-WQB-2, FOR IMPROPER CHANGE OF LANES WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. |
