| Probable cause affidavit: |
SUBMITTED BY: WOOD, THOMAS DEREK FHP5318A (AR09111175) 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 092609 I WAS WORKING A DUI WOLF PACK IN the AREA OF BEVERLY HILLS. AT APPROXimately 2348 HOURS, I STOPPED TO ASSIST DEPUTY LEE ENTREKIN OF THE CITRUS COUNTY SHERIFF'S OFFICE WITH A TRAFFIC STOP ON COUNTY ROAD 491 JUST NORTH OF HAMPSHIRE BOULEVARD. THE VEHICLE HE HAD STOPPED WAS A GREEN FOUR DOOR BUICK bearing florida tag 432-VAY. HE HAD STOPPED THE VEHICLE FOR FOLLOWING TOO CLOSELY. DEPUTY ENTREKIN INFORMED ME THAT THE DRIVER/DEFENDANT, ms JENNIFER LYNN BREESE A WHITE FEMALE whose date of birth was 110376, WAS POSSIBLY INTOXICATED. I MADE CONTACT WITH THE DEFENDANT AS SHE WAS SITTING IN THE DRIVER SEAT OF THE VEHICLE. WHEN I MADE CONTACT WITH THE DEFENDANT, I detected AN ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH. I NOTiCED THE DEFENDANT HAD BLOODSHOT, GLASSY EYES, WHICH SHE HAD TROUBLE KEEPING OPEN, AND SLURRED SPEECH. I ASKED THE DEFENDANT IF SHE WOULD BE WILLING TO PERFORM FIELD SOBRIETY TASKS, AND SHE STATED SHE WOULD. I TRANSPORteD THE DEFENDANT APPROXimately A QUARTER MILE NORTH TO THE PARKING LOT OF FERO FUNERAL HOME FOR A FLAT SURFACE on which TO PERFORM THE TASKS. 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 HIS/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, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LIFTED HER LEFT FOOT and PUT HER FOOT DOWN At the count of one, four and six. she used her arms for balance, lifting them straight out to her sides and swayed from side to side. i had the defendant stop the task after the third time she put her foot down. TASK THREE, walk and turn. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT held her arm straight out at her sides for balance and swayed from side to side. on the first nine steps, she did not touch heel to toe on steps one, six or eight. she made an improper turn, had to stop during the turn and almost fell. on the second nine steps, the defendant stepped off the line on step four and failed to touch heel to toe on steps two, six and seven. at approximately 0010 hours, i placed the defendant under arrest for driving under the influence. THE DEFENDANT WAS handcuffed (double locked) behind her back AND 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 left with deputy entrekin to be turned over to the defendant's mother. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .130 AND .129. 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 5793-XAU WITH A MANDATORY COURT APPEARANCE ON 102209 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *not-exempt* |
