| Probable cause affidavit: |
SUBMITTED BY: BOYER, JASON 0465 (AR09109143) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT SHE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(2). AND DID KNOWINGLY, WHILE HER OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). AND 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 051809, AT 2039 HOURS, I WAS DISPATCHED TO A RECKLESS DRIVING CALL THAT ORIGINATED FROM SOUTH SUNCOAST BOULEVARD AND PONCE DE LEON. DISPATCH ADVISED THAT THE VEHICLE WAS A WHITE MINI VAN HEADED NORTH BOUND ON HIGHWAY 19 AND WAS STILL BEING FOLLOWED BY THE COMPLAINANT. THE COMPLAINANT ADVISED DISPATCH THAT THE VEHICLE WAS SWERVING ALL OVER THE ROAD. DISPATCH ALSO ADVISED THAT THE VEHICLE WAS STILL HEADING NORTH BOUND ON HIGHWAY 19 AND HAD RECENTLY PASSED THE CADILLAC CAR DEALERSHIPS. I CONTINUED TO ATTEMPT TO CATCH UP TO THE VEHICLE WHERE I EVENTUALLY OBSERVED THE VEHICLE STOPPED AT THE RED LIGHT AT VENABLE AND SOUTH SUNCOAST BOULEVARD. AFTER THE LIGHT TURNED GREEN, THE VEHICLE BEGAN TO MOVE AND I FOLLOWED AND OBSERVED THE VEHICLES MOVEMENT. AFTER ACCELERATING, THE SUSPECT'S VEHICLE BEGAN TO SWERVE FROM THE INSIDE LANE TO THE OUTSIDE LANE WITH NO TURN SIGNAL. I CONTINUED TO MONITOR THE VEHICLE AND OBSERVED IT TO BE IN THE MIDDLE OF BOTH LANES AND FURTHER OBSERVED OTHER PASSING VEHICLES HAVING TO HIT THEIR BRAKES TO AVOID HITTING THE SUSPECT. AT THAT TIME, I ACTIVATED MY EMERGENCY LIGHTS AND SIRENS HOWEVER, THE VEHICLE CONTINUED NORTH BOUND ON HIGHWAY 19. AFTER I ACTIVATED MY EMERGENCY EQUIPMENT AND MAINTAINED A SPEED OF APPROXIMATELY FORTY FIVE MILES PER HOUR, DEPUTY ANSTEAD WAS BEHIND THIS DEPUTY AS THE VEHICLE CONTINUED AND DID NOT STOP. WHILE CONTINUING NORTH BOUND ON HIGHWAY 19, MORE UNITS WERE ASSISTING IN THE PURSUIT AND THE VEHICLE CAME TO AN ABRUPT STOP IN THE MIDDLE OF HIGHWAY 19 JUST NORTH OF NORTH EAST FIFTH STREET. THE VEHICLE THEN TURNED AROUND AND HEADED SOUTH BOUND ON HIGHWAY 19. AT THAT TIME, DEPUTY ANSTEAD WAS DIRECTLY BEHIND THE SUSPECT AND THE PURSUIT CONTINUED AS THE SUSPECT TURNED RIGHT ONTO NORTH EAST 1ST STREET AND THEN TURNED RIGHT ONTO NORTH EAST 3RD AVENUE. THE VEHICLE THEN TURNED AGAIN ONTO NORTHEAST 3RD STREET AND BACK OUT ONTO HIGHWAY 19 HEADED SOUTH. AT THAT TIME, UNITS BEGAN TO SET UP "STOP STICKS" IN THE AREA (SEE SUPPLEMENT) THE VEHICLE CONTINUED SOUTH BOUND TURNING ONCE AGAIN ONTO NORTH EAST FIRST STREET AND THROUGH THE PARKING LOT OF THE RACE TRAC GAS STATION THAT WAS LOCATED NEARBY. THE VEHICLE THEN CONTINUED SOUTH BOUND ON HIGHWAY 19 TOWARDS FORT ISLAND TRAIL WHERE THE SUSPECTS VEHICLE WAS HIT BY THE STOP STICKS DEPLOYED BY DEPUTY MARSHALL. THE VEHICLE THEN TURNED AROUND AGAIN NORTH BOUND TO KINGS BAY DRIVE WHERE IT ONCE AGAIN WAS HIT BY SPIKE STRIPS. THE VEHICLE THEN TURNED LEFT AND CAME TO A STOP AT KINGS BAY DRIVE AND SOUTH EAST 2ND AVENUE. THE SUSPECT THEN ABANDONED HER VEHICLE AND RAN ON FOOT, WHERE SHE WAS TAKEN INTO CUSTODY BY CORPORAL BONURA AND DEPUTY ANSTEAD. UPON MAKING CONTACT WITH THE SUBJECT ONCE SHE WAS IN CUSTODY, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HER PERSON. THE SUBJECT WAS THEN READ MIRANDA BY DEPUTY BONURA WHILE ON SCENE. THE SUSPECT THEN CHOSE TO SPEAK WITH DEPUTY GRAMLICH (SEE DEPUTY GRAMLICH'S SUPPLEMENT). WHEN ASKED WHY SHE RAN FROM US, SHE ADVISED THAT IT WAS DUE TO HER HAVING A WARRANT OUT OF GEORGIA. DUE TO THIS SUBJECT BEING A FLIGHT RISK, FIELD SOBRIETY EXERCISES WERE NOT PERFORMED ON SCENE. THE SUBJECT WAS THEN HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT ADVISED ME SEVERAL TIMES THAT SHE HAD BEEN DRINKING AND WAS "BUZZED". UPON FURTHER RESEARCH, IT WAS FOUND THAT THE SUBJECT'S DRIVERS LICENSE WAS SUSPENDED ON 120308, FOR FAILURE TO PAY TRAFFIC FINES. UPON ARRIVAL AT THE DETENTION FACILITY, I ASKED HER IF SHE WISHED TO PERFORM FIELD SOBRIETY EXERCISES TO WHICH SHE ADVISED THAT SHE DID. 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 DID NOT. TASK ONE HEEL TO TOE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO KEEP HER BALANCE WHILE WALKING ON THE LINE THROUGH STEPS NUMBER THREE AND FOUR AND LOST HER BALANCE SEVERAL TIMES WHEN COMPLETING THE TURN. SHE ALSO USED HER HANDS TO KEEP HER BALANCE. TASK TWO, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS SWAYING WHILE BALANCING, WAS USING HER ARMS TO BALANCE, AND SKIPPED SEVERAL NUMBERS WHILE COUNTING UP TO THIRTY SECONDS. I ASKED THE DEFENDANT IF SHE WOULD SUBMIT TO BREATHALYZER TEST 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 .259 AND .257. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE AUTO. THE DEFENDANT WAS CHARGED WITH FLEEING AND ELUDING, DRIVING WHILE LICENSE SUSPENDED OR REVOKED, AND DRIVING UNDER THE INFLUENCE. THE DEFENDANT'S TOTAL BOND WAS SET AT $6,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
