| Probable cause affidavit: |
SUBMITTED BY: PALESE, ANTHONY FHP5385 (AR09111178) 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 092709 I WAS TRAVELING NORTHBOUND ON COUNTY ROAD 491 WHEN I OBSERVED THE SUBJECT'S VEHICLE IN THE LEFT TRAVEL LANE, FAILING TO MAINTAIN A SINGLE LANE OF TRAVEL. THE VEHICLE LEFT ITS LANE OF TRAVEL SEVERAL TIMES. I ACTIVATED MY EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP. THE VEHICLE REACTED SLOWLY TO MY LIGHTS. SHE ENTERED THE MEDIAN, ALMOST STRIKING A SIGN, AND ENTERED BACK ON TO THE ROADWAY, THEN PULLED BACK INTO THE MEDIAN WHERE SHE CAME TO A STOP. UPON MAKING CONTACT WITH THE SUBJECT, IDENTIFIED AS MS SUZANNE WILLIAMS, I NOTED THAT HER EYES WERE BLOODSHOT AND HER SPEECH WAS SLURRED. IN ADDITION, AS I DISCUSSED THE TRAFFIC VIOLATION WITH HER, I DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH AS SHE SPOKE. THE SUBJECT STATED SHE DID NOT HAVE HER DRIVER'S LICENSE WITH HER AND WAS UNABLE TO LOCATE HER REGISTRATION OR HER PROOF OF INSURANCE. I ASKED THE SUBJECT TO STEP OUT OF THE VEHICLE. UPON DOING SO, I NOTED THAT SHE WAS UNSTEADY ON HER FEET AND HAD TO LEAN AGAINST HER VEHICLE TO MAINTAIN HER BALANCE. I ASKED THE SUBJECT IF SHE WOULD SUBMIT TO PERFORMING FIELD SOBRIETY TASKS, TO WHICH SHE STATED SHE WOULD. I ESCORTED THE SUBJECT TO A PARKING LOT WHERE THE TASKS COULD BE CONDUCTED. 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 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, THE DEFENDANT WAS UNABLE TO FOLLOW THE STIMULUS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST HER BALANCE THREE TIMES AND ATTEMPTED TO START THE TASK ONE TIME BEFORE BEING TOLD TO DO SO. UPON LOOSING HER BALANCE THE THIRD TIME, SHE TURNED AROUND AND STARTED WALKING AWAY. I TOLD HER TO STOP, TO WHICH SHE COMPLIED AND DID STOP. I ASKED HER IF SHE WANTED TO CONTINUE WITH THE SOBRIETY TASKS, TO WHICH SHE STATED SHE DID NOT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. 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 SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY GREG'S CAR CARE. 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 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 ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 3610-XAU, WITH A MANDATORY COURT APPEARANCE ON 102209 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATIONS FOR FAILURE TO MAINTAIN A SINGLE LANE OF TRAVEL, NO DRIVER'S LICENSE ON DEMAND, NO SEAT BELT BY DRIVER, FAILURE TO PRODUCE A VEHICLE REGISTRATION AND FAILURE TO PROVIDE PROOF OF INSURANCE. *NOT-EXEMPT* |
