| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFREY 0441 (AR11120661) 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'S STATE STATUTE 316.193. ON 050811 AT APPROXIMATELY 0130 HOURS, I RESPONDED TO THE INTERSECTION OF FOREST RIDGE BOULEVARD AND COUNTY ROAD 486 AS BACKUP FOR SERGEANT SMITH IN REFERENCE TO A TRAFFIC STOP. UPON ARRIVAL, SERGEANT SMITH ADVISED THAT HE HAD STOPPED THE DEFENDANT FOR TRAVELING 81 MPH IN A 45 MPH ZONE AND FOR FAILING TO DIM HER HIGH BEAMS FOR ONCOMING TRAFFIC. HE STATED HE DETECTED A STRONG SMELL OF ALCOHOL EMITTING FROM THE VEHICLE COMPARTMENT AND THAT THE DRIVER/DEFENDANT HAD ADVISED HIM THAT SHE HAD ONLY HAD A SINGLE DRINK. I MADE CONTACT WITH THE DEFENDANT, MS TIFFANY ANTHONY, AND ASKED IF SHE WOULD BE WILLING TO SUBMIT TO FIELD SOBRIETY TASKS TO DETERMINE HER ABILITY TO OPERATE A VEHICLE, TO WHICH SHE ADVISED THAT SHE WOULD. 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 HAD LOWER BACK PROBLEMS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT 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 NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT FAILED TO STEP HEEL TO TOE ON STEPS TWO, THREE, FIVE, SIX, SEVEN, EIGHT AND NINE. SHE ALSO FAILED TO PERFORM THE TURN IN THE DEMONSTRATED MANOR. ON THE RETURN SERIES, THE DEFENDANT MISSED ALL OF THE STEPS HEEL TO TOE, STEPPING OFF THE LINE ON NUMEROUS OCCASIONS. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT BEGAN THE TASK PRIOR TO BEING INSTRUCTED TO DO SO. DURING THIS TASK, THE DEFENDANT PLACED HER FOOT DOWN ON THE COUNT OF FIVE, NINE, FOURTEEN AND SIXTEEN. THE DEFENDANT ALSO COUNTED 22 OUT LOUD TWICE. THE DEFENDANT ADDITIONALLY SWAYED AND USED HER ARMS FOR BALANCE THROUGHOUT THE EXERCISE AND HAD TO BE REMINDED TO LOOK AT HER TOE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. AND SHE ADVISED THAT SHE DID WISH TO SPEAK WITH ME. 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 THAT SHE WOULD SUBMIT TO THE APPROVED TEST OF HER BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO THE CUSTODY OF A FRIEND WHO ARRIVED ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS READ HER IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HER BREATH WITH THE TEST RESULTS BEING .165 AND .165. 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 7209XGA9 WITH A MANDATORY COURT APPEARANCE ON 051611 AT 0830 HOURS 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* |
