| Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, CASEY N339 (AR11118857) 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 011611 AT APPROXIMATELY 2300 HOURS, WHILE TRAVELING NORTHBOUND ON US HIGHWAY 19 IN THE AREA OF CORNFLOWER, I OBSERVED A VEHICLE ALSO TRAVELING NORTHBOUND APPROXIMATELY SIXTY (60) YARDS IN FRONT OF MY PATROL VEHICLE. I OBSERVED THE VEHICLE FAIL TO MAINTAIN ITS LANE OF TRAFFIC. THE VEHICLE CROSSED THE RIGHT SIDE FOG LINE TWO TIMES. AS WE ENTERED A DESIGNATED CONSTRUCTION AREA, THE OPERATOR OF THE VEHICLE ALMOST STRUCK THE CONSTRUCTION BARRICADES. THE VEHICLE WAS TRAVELING AT A HIGH RATE OF SPEED IN A POSTED 45 MILE PER HOUR (MPH) CONSTRUCTION ZONE. I INITIATED A TRAFFIC STOP. LIEUTENANT (LT) JONES EXITED THE PATROL VEHICLE AND ASKED THE DRIVER TO PULL OVER TO THE SIDE OF THE ROAD. AS HE APPROACHED THE VEHICLE, HE NOTICED THE DRIVER OF THE VEHICLE PUT A CAN OF BUD LIGHT BEER BEHIND HER SEAT. LT JONES APPROACHED THE DRIVER/DEFENDANT, LATER IDENTIFIED AS MS THERESA LEE MARCUM, AND REQUESTED HER DRIVER'S LICENSE, THE VEHICLE REGISTRATION AND PROOF OF INSURANCE. DURING HIS CONVERSATION WITH MS MARCUM, LT JONES NOTICED THAT MS MARCUM'S SPEECH WAS SLURRED, HER EYES WERE BLOODSHOT AND SHE HAD DIFFICULTY LOCATING THE REQUESTED DOCUMENTS. ALSO DURING HIS CONVERSATION, LT JONES DETECTED THE ODOR OF SOMEONE WHO HAD CONSUMED ALCOHOLIC BEVERAGES EMANATING FROM MS MARCUM'S PERSON. MS MARCUM WAS ASKED TO EXIT THE VEHICLE. AS SHE DID SO, SHE LOST HER BALANCE. LT JONES AND I ADVISED MS MARCUM THAT WE HAD SUSPICIONS SHE HAD BEEN CONSUMING ALCOHOLIC BEVERAGES AND REQUESTED HER TO SUBMIT TO A SERIES OF FIELD SOBRIETY TASKS TO DETERMINE HER LEVEL OF IMPAIRMENT. MS MARCUM STATED SHE UNDERSTOOD AND AGREED TO PARTICIPATE IN 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 THE DEFENDANT HAD NO PROBLEMS WITH 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 AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. SHE DID NOT FOLLOW THE PEN WITH HER EYES. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT LOST BALANCE DURING THE INSTRUCTION PHASE, DID NOT TOUCH HEEL TO TOE ON ANY STEPS, STEPPED OFF THE LINE AND MADE AN IMPROPER TURN. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED BEFORE BEING TOLD TO DO SO, SWAYED WHILE BALANCING, PUT HER FOOT DOWN AT THE COUNT OF FIVE, AND USED HER ARMS FOR BALANCE. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT MISSED HER NOSE COMPLETELY, DID NOT TOUCH THE TIP OF HER NOSE WITH THE TIP OF HER FINGER, DID NOT KEEP HER HEAD TILTED BACK EVEN AFTER HAVING BEEN TOLD THREE TIMES, DID NOT KEEP HER EYES SHUT AND SWAYED WHILE STANDING. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SECURED IN THE REAR SEAT OF A CCSO DEPUTY'S PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY KNIGHTLY AUTO. 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, CITATION NUMBER 7114-XEDX, WITH A MANDATORY COURT APPEARANCE ON 020311 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7857-AJA2, FOR CARELESS DRIVING, WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE., "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
