| Probable cause affidavit: |
SUBMITTED BY: JONES, JOHN FWC3140 (AR11121581) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL 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'S STATE STATUTE 327.35(1)(C). ON 070311 AT APPROXIMATELY 1600 HOURS I WAS ON WATER PATROL ON THE HOMOSASSA RIVER OF CITRUS COUNTY. AT APPROXIMATELY 1600 HOURS I WAS IN THE AREA NEAR HALLS RIVER AND HOMOSASSA RIVER AND I OBSERVED A WHITE FEMALE PADDLING A KAYAK ERRATICALLY. SHE WAS KAYAKING HER VESSEL IN FRONT OF ONCOMING VESSELS, CAUSING THEM TO TAKE ACTIONS TO KEEP FROM RUNNING OVER HER. VESSEL TRAFFIC WAS EXTREMELY DENSE DUE TO THE HOLIDAY TRAFFIC AND HER ACTIONS CAUSED THREE VESSELS NEARBY TO TAKE ACTIONS TO AVOID HER. AS I APPROACHED AND GOT CLOSER, I NOTICED THAT THE WHITE FEMALE TURNED HER KAYAK OVER AND STARTED SWIMMING AWAY FROM IT IN FRONT OF ONCOMING VESSELS. AN INDIVIDUAL NEARBY SWAM OUT TO ASSIST HER AND WAS ABLE TO GET HER BACK INTO HER KAYAK, BUT THE KAYAK REMAINED FULL OF WATER. THE SUBJECT AGAIN STARTED PADDLING HER KAYAK IN FRONT OF ONCOMING VESSELS AT WHICH TIME I STARTED TO APPROACH. AS I APPROACH THE FEMALE WAVED TO ME AND ASKED IF I COULD HELP HER. I CAME ALONG SIDE AND ADVISED HER TO GET OUT OF THE KAYAK AND I DUMPED THE WATER OUT OF THE KAYAK AND RIGHTED HER VESSEL. DURING MY INTERACTION WITH THE SUSPECT, MS KATHERINE FIVIAN, I NOTICED THAT SHE HAD A VERY SLURRED SPEECH, WAS UNABLE TO FORM A COMPLETE SENTENCE, HAD GLASSY BLOODSHOT EYES AND BASED ON MY OBSERVATIONS HAD BEEN CONSUMING ALCOHOLIC BEVERAGES. I REMOVED HER KAYAK FROM THE WATER, PLACED IT INTO MY PATROL BOAT AND ASSISTED HER INTO MY PATROL BOAT. I THEN ADVISED MS FIVIAN THAT I HAD SUSPICIONS THAT SHE WAS OPERATING HER KAYAK WHILE IMPAIRED. I ASKED MS FIVIAN IF SHE WOULD SUBMIT TO SOME FIELD SOBRIETY TASKS, TO WHICH SHE REPLIED YES THAT SHE WOULD. PRIOR TO PERFORMING ANY TASKS, I READ THE PRELIMINARY SCREENING QUESTIONS, SHE REPLIED NO TO ALL THE QUESTIONS BUT FOR ONE. SHE ADVISED THAT SHE WEARS GLASSES BUT DID NOT HAVE THEM WITH HER. TASK ONE, PALM PAT. THIS TASKS INSTRUCTION WERE READ FROM A PREPARED TEXT AND DEMONSTRATED. THE SUSPECT WAS ASKED IF SHE UNDERSTOOD, TO WHICH SHE STATED THAT SHE DID. DURING THIS TASK THE SUSPECT ATTEMPTED TO START THREE TIMES PRIOR TO GIVEN THE ORDER TO BEGIN, SHE DID SO POORLY ON THE TASK SHE WAS UNABLE TO PERFORM IT COMPLETELY. TASK TWO, FINGER COUNT. THIS TASKS INSTRUCTION WERE READ FROM A PREPARED TEXT AND DEMONSTRATED. THE SUSPECT WAS ASKED IF SHE UNDERSTOOD, TO WHICH SHE STATED THAT SHE DID. DURING THIS TASK THE SUSPECT ATTEMPTED TO START TWICE PRIOR TO BEING TOLD TO DO SO AND DID SO POORLY SHE WAS UNABLE TO PERFORM THE TASK. TASK THREE, FINGER TO NOSE. THIS TASKS INSTRUCTION WERE READ FROM A PREPARED TEXT AND DEMONSTRATED. THE SUSPECT WAS ASKED IF SHE UNDERSTOOD, TO WHICH SHE STATED THAT SHE DID. DURING THIS TASK THE SUSPECT FAILED TO KEEP HER HEAD TILTED BACK AS DIRECTED FOUR TIMES, KEPT HER EYES OPEN DURING THE TASK, MISSED HER NOSE COMPLETELY AND WAS SUBSEQUENTLY UNABLE TO COMPLETE THE TASK. TASK FOUR, RECITE THE ALPHABET. THIS TASKS INSTRUCTION WERE READ FROM A PREPARED TEXT AND DEMONSTRATED. THE SUSPECT WAS ASKED IF SHE UNDERSTOOD, TO WHICH SHE STATED THAT SHE DID. DURING THIS TASK THE SUSPECT HESITATED BETWEEN THE LETTERS B AND C, E AND F, K AND L AND STOPPED AFTER THE LETTER S. TASK FIVE, BACKWARDS COUNT. THIS TASKS INSTRUCTION WERE READ FROM A PREPARED TEXT AND DEMONSTRATED. THE SUSPECT WAS ASKED IF SHE UNDERSTOOD, TO WHICH SHE STATED THAT SHE DID. DURING THIS TASK THE SUSPECT STOPPED BETWEEN THE NUMBERS 89 AND 88, HESITATED BETWEEN 83 AND 84, 82 AND 81, REPEATED THE NUMBER 79, HESITATED AGAIN BETWEEN 78 AND 77, 76 AND 75, REPEATED 70, STOPPED AFTER 68 AND WAS UNABLE TO CONTINUE. TASK SIX, ONE LEGGED STAND. THIS TASKS INSTRUCTION WERE READ FROM A PREPARED TEXT AND DEMONSTRATED. THE SUSPECT WAS ASKED IF SHE UNDERSTOOD, TO WHICH SHE STATED THAT SHE DID. DURING THIS TASK THE SUSPECT SWAYED WHILE BALANCING AND WAS UNABLE TO PERFORM THE TASK. FOR HER OWN SAFETY, I STOPPED THE TASK AS SHE KEPT FALLING OVER. AT THIS TIME I ADVISED THE SUSPECT THAT I HAD PROBABLE CAUSE AND PLACED HER UNDER ARREST FOR BOATING UNDER THE INFLUENCE (BUI), HANDCUFFED, BEHIND HER BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS 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 WITH THE TEST RESULTS BEING .180 AND .166. THE DEFENDANT WAS CHARGED WITH OPERATING A VESSEL UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA BUI UNIFORM BOATING CITATION, CITATION NUMBER V266017 WITH A MANDATORY COURT APPEARANCE ON 072711 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO CHARGED WITH AN INFRACTION FOR NO LIFE JACKETS UNIFORM BOATING CITATION NUMBER V266016 WITH A FINE OF $90.00, PAYABLE WITHIN 30 DAYS. *NOT-EXEMPT* "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 your are hearing or voice impaired, call 711.” |
