lawson lamar state .jlttorney · william c. vase chief assistant state attorney february 4, 2011...
TRANSCRIPT
William C. Vase Chief Assistant State Attorney
February 4, 2011
Matthew 1. Olszewski 2816 E Robinson St. Orlando, FL 32803-5820
Lawson Lamar
State .Jlttorney :Nintli Judicia { Circuit
415 N. Orange Avenue Post Office Box 1673 Orlando, FL 32802
(407)836-2400
RE: State of Florida vs. JESSICA ROBERTA JONES Case Number: 48-20 l1-CT -000724-0
Dear Matthew 1. Olszewski,
Randy J. Means Director of Investigations
and Administration
The Clerk of Court has previously provided your office with the police reports and related documents for the above- styled case. These documents are the State's Discovery Exhibit. If you are missing pages of the reports or the reports themselves, please let us know. The Clerk of the Court provides these same documents to our office, which constitutes all discovery we have at this point. Anything received by our office after today will be sent to you as supplemental discovery.
All witnesses identified in the police reports will be treated by our office as Category A witnesses. While we will provide the names on a formal State's Witness list at a later time, we are disclosing them to you at this time.
If FHP or OCSO tapes or DVD's are mentioned in the reports, the tapes or OVO's will be uploaded to our joint server when we receive them. For all other video tapes, please contact the agency involved to set up an appointment to view or copy the tape in evidence.
If you are requesting any documents concerning a breath test, such as operator permits, registration, annual inspection paperwork, monthly inspection paperwork or logs; these documents are available for inspection by contacting the agency which administered the breath test.
Sincerely,
Mariavittoria Eggebrecht Assistant State Attorney ( 407)836-1676
FIRST MIDDLE OR MAIDEN LAST SUFFIX
JESSICA ROBERTA JONES
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF DRIVER LICENSES TRANSCRIPT OF DRIVER RECORD
DOB HEIGHT RACE SEX SOCIAL SECURITY # DRIVER EDUCATION
08/06/86 504 W F SEARCH DATE REQUESTOR
01/31/11 0628 # CLASS DATE ISSUED DATE EXPIRED RESTRICTIONS ENDORSEMENTS I FLORIDA DRIVER LICENSE liD # PRIOR STATE AND DRIVER LICENSE NUMBER
ID 01/24/11 J520-436-86-786-0 ADDRESS
3138 HOUNDSWORTH CT 106 CITY, STATE, ZIP
ORLANDO EXAMS: VISION SIGNS RULES DRIVING MOTORCYCLE DATE ORIGINAL DL ISSUED CDL ISSUE DATE
07 DUPLICATE LICENSE:
INFORMATION CRASHI OFFENSE
EFFECTIVE CONVICTION I REINSTATEMENT I FROM
DATE DATE COUNTYI DATE STATE
** ** **
32837-0000 00/00/00 REPLACEMENT LICENSE:
CITY COURT ENTRY DESCRIPTION
** ALL 01/25/11 01/16/11
PERSO~S IDENTIFICAfION RECORD AND NOT DRIVERS LICENSE RECORD ** IDENTIFICATION CARD ISSUED EXPIRES: 08/06/19
ORANGE 10000 SUS-06.0 MoslDRIVE W/UNLAW BAL(.08% OR ABOVE) PERMIT ISSUED/LICENSE RECEIVED
END OF RECORD
IN COMPLIANCE WITH SECTION 322.201, F.S .. I, LYDIA GARDNER,'CLERK OF THE CIRCUIT COURT, COUNTY OF ORANGE, STATE OF FLORIDA, DO HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT MACHINE IMPRINT TRANSCRIPT OF THE ABOVE NAMED SUBJECT'S DRIVING RECORD AS TAKEN FROM THE OFFICIAL RECORDS ON FILE WITH THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.
;) _--//~~ ---~ CIC::~UNTYCOURTS----
NOTE: SOME LICENSES ISSUED BY THE STATE OF FLORIDA ARE VALID IN FLORIDA ONLY. THIS RESULTS FROM APPLICANT RETAINING A VALID LICENSE FROM ANOTHER JURISDICTION •• THIS VIOLATION CANNOT BE USED TO SURCHARGE AN AUTOMOBILE LIABILITY INSURANCE POLICY. F.S. 626.9701
UCENSE CLASSES
CLASS A
~ CLASS C
CLASS D
CLASS E
01/24/11
~
PREVIOUS BATCH CURRENT BATCH
012411
R T R D C DOCKET OR 1\C\\A EI~ A ~ ~!TICKET NUMBER
PIS P 0
DEPT. USE ONLY BATCH
o H N N
G01 2934XBNl11024G50
REPRESENTATIVE CODES
c- REPRESENTED BY COUNSEL
w- COtJNSF:l WAiVED
DISPOSITION CODES
1 GUILTY
CITATION/CRASH CODE
c~ INDICATES CITATION ISSUED
A- INDICATES CRASH
~ D. DEPARTh1ENT ACTION C. COURT ACTION
ORANGECOVNTY Charging Affidavit
Arrested 0' At-Large 0 JRA 0 Date: 01/16/2011 J Location of Defendant Vehicle: _, 1/7 'if? .5~1-
I Agency
(ORI)Flc)c{f?()oD Name: FLORIDA HIGHWAY PATROL
Address of Arrest: SR423/N TOWN LOOP BLVD
I Adult \JUVenile Ill'Iame
DEFENDANT 0 0 K~:
I FCIC/Nf5 Check: .~
Agencv Case
Number: FHPD110FF004079
Date-Time of Arrest: 01/16/2011
Race:
W NAME (L,F,M): JONES, JESSICA ROBERTA r·KA
: Sex: F ID~~:/06/1986 I Age: 24
Height: 504 I Weight:
RES Street #: 39 JAMES DRIVE
City: FOWLERVILLE
ScarslTattoos:
Driver's License/ State ID No:
J520403744616 Next of Kin Name:
Business and OCCUIHltion:
BUS Street#:
125 I Hair: BRO I Eyes: HAZ
IState: MI
I Address:
IPOB ICity: FOWLERVILLE
IState: MI
Zip: 48836
MI
IHome IPhone:
IYear
EXPires;'b /~
Country:
IOther IPhone:
Ethnicity:
SSN#:
USA
370980489 rhone:
Bus Phone:
IDomestic Violence o
I I~rt / CHARGES Felony 0 Misd. 0 ORD. 0 Traffic 0 I Location: ..oRANGS-GGt!N::P(-GGURT (ORLANBe) Ie. /.:::'1 >
GOC D .. Bond FSS/ORD FDLE D N I Citation '---Code* escnptlOn Amt Rec# rug arne Number
TRAFFIC OFFENSE DUI ALCOHOL OR DRUGS $1,000,00 316.193, 1 ,_);/ ,3 '/' )c:t3/'l/
2
3
4
5
6
7
Eo< #1 NAME (L,F,M):
Z
"'" NAME (L,F,M):
Cl #2 Z "" NAME (L,F,M): ... #3 "" Cl NAME (L,F,M): 0 #4 U
I Sworn to and subscribed befo,,~
this / tl day of ,.( .r7 ,,/}o', II
year ~
~ry Public ~)Law Enforcement or Corrections Officer
p~rsona((y_!SE..o~ Produced Identification
Type ofldent~l1Jol,-:L=---':::J~ __________ _
Signature "--.
Arrs'! JllV Fe!. Misd. ORO. Traff. 0 0 0 0 0 0
Arrs? Juv Fe!. Misd. ORO. Traff. 0 0 0 0 0 0
Ans'! Juv Fe!. Misd. ORO. Traff. 0 0 0 0 0 0
Arrs? Juv Fe!. Misd. ORD. Traff. 0 0 0 0 0 0
I I [ swear or affinn the a~o;,/tements are correct and true
~ ~cet's Signature
1.c. RAMJREZ/1281
NTA Race: Sex: Age: DOB: 0
NTA Race: Sex: Age: DOB: 0
NTA Race: Sex: Age: DOB: 0
NTA Race: Sex: Age: DOB: 0
I
7/77- 737d3?r:.) Officer's Bus, Phone No
Officer's Printed Name(L,F)1 ID or Badge Bookin;ifReceiving Signature
1001 (1101) COURT COpy
~RD COP\Y STAJW~WRKffY INMATE RECORDS COpy AGENCYIREPORT REVIEW COpy DEFENDANT COpy
NOTARY PUBLIC - STATE OF FLORIDA Page I of 4 COMMISSION # DD759337
EXPIRES 2/17/2012 BONDED THRU H!llS·NOT ARY1
Continuation of: Defendant's Name: JONES, JESSICA ROBERTA
DCF Notified? W'hom?
0' Charging Affidavit o Notice to Appear
JacketNumber
On Probation? Miranda Warning?
Case Number
W'hom?
FHPD11OFF004079
Invoked?
NARRATIVE: The undersigned has probable cause to believe the above-named defendant on 16 of January 2011 atC:t;;JZi at SR423/N. TOWN LOOP BLVD (Zone: __ ) in Orange County did On January 16, 2011, I responded to assist Trooper Hector Rodriguez and Trooper Raymond Eldridge who were attempting to locate a hit and run driver near State Road 423 (John Young Parkway) and US 192. The defendant's vehicle, a white Honda four door, Michigan tag number BPS6293, had damage to the front of it and was traveling northbound on State Road423, with the victim following behind it Trooper Eldridge observed the defendanfs vehicle traveling northbound on State Road423, south of North Town Loop Boulevard and initiated a traffic stop. I arrived at the scene of the traffic stop and pulled over behind Trooper Eldridge. I first spoke with Trooper Eldridge whom handed me the defendants driver's license and registration. The victim arrived on scene and provided a sworn witness statement I approached the defendanfs vehicle on the driver'S side and asked where she was coming from The defendant stated that she left a seafood restaurant where she was celebrating with a few friends I observed the defendant to have red, glassy, blood shot eyes, and the strong and distinct odor of that which is commonly associated with that of an alcoholic beverage coming from her mouth and lower face area The defendant's eye lids were heavy and spoke with a slurred speech I asked the defendant how much she had to drink, to which she stated that she had three glasses of wine and two "red head slut" mixed drinks, approximately 20 minutes prior to the stop. I asked the defendant if she would step out of her vehiclE, and if she would submit to a series of standardized field sobriety exercises. The defendant exited her vehicle and walked towards the flat well lit area, in which we would perform the exercises. The defendant walked with a stagger and was uneasy in her gait as she walked I asked the defendant if she wore glasses or contacts, to which she stated that she wore soft contacts. I asked the defendant when she put them in, to which she stated that she put them in at9 AM. I asked the defendant if the contacts were bothering hel; to which she stated that they were not I asked the defendant if she took medication, to which she stated that she took birth control I asked the defendant if she had any medical condition or injury, to which she stated that she did not The first exercise I had the defendant perform was the Horizontal Gaze Nystagmus (HGN) exercise. I explained to the defendant what the exercise consisted of and asked if she understood my instructions, or had any questions. The defendant stated that she understood my instructions and had no questions The defendant would fail to maintain her feet together as she stood I would repeatedly instruct the defendant to maintain her feet together The defendant stated "my spine is adjusted" I asked the defendant what kind of medical condition or injury that wa~ to which she stated that she did not know. The defendant had lack of smooth pursuit in both the left and right eyes The defendant had distinct and . sustained nystagmus at maximum deviation in,both the left and right eyes The defendant had an onset of nystagmus prior to 45 degrees in both the left and right eyes. The defendant had distinct and sustained nystagmus at maximum elevation in both eyes on Vertical Gaze Nystagmus. The defendant had an orbital sway as she performed the exercise The next exercise I had the defendant perform was the walk and tum I explained and demonstrated to the defendant what the exercise consisted of and asked if she understood my instructions, or had any questions. The defendant stated that she understood my instructions and had no questions I instructed the defendant to place her left foot on the lin<; and her right foot in front of her left, touching heel to toe. During the instructional stage, the defendant failed to stay in the start position, stepping off the line a total of 5 times. During the walking stage and on the way down the Iin<; the defendant steps off the line at steps, 3 and 4. The defendant takes a total ofl 0 steps. The defendant was instructed to take a total of9 steps both up and down the line. The defendant fails to touch heel to toe on every step she takes. The defendant fails to turn in the manner which I instructed and demonstrated for her to do sq instead taking a series of small steps with both feet On the way up the lin<; the defendant steps off the line at steps 1 and 4. The defendant once more takes a total of 10 steps and fails to touch heel to toe on every step she takes. The defendant raises her arms more than six inches away from her body for balance. The defendant fails to look at her feet as she walks. The defendant requested to remove her shoes prior to performing the exercise. The next exercise I had the defendant perform was the one leg stand I explain and demonstrate to the defendant what the exercise consists of and ask if she understood the instructions or had any questions The defendant stated that she understood the instructions and states, "I can't do this one because I'm cold." I ask the defendant if she has a sweater or coat in her vehicle. The defendant states that she has a coat in her vehicle. I ask the defendant if her coat would help her to perform the exercis<;
Sworn t~a~ld subscribed befor:._~: tilis / l day of·' j. "'1 year ~
!-Notary Public Law Enforcement or Corrections Officer
I swear or affinn the above statements are correct and true
& .J'e;::onall\'~;::::::::::J····-·· Produced Identification . ~Officer's Signature
Type ofIdcntification /'" J.e. RAMIREZ 11281
Officer's Bus. Phone No
Signature "- Officers Printed Name(L,F)/ ID or Badge BookinglReceivillg Signature 1001 (l/01) COURT C'DT'Y-I,.RE.N;\.-'W-m ....... u~()l.U"'lwW STATE ATTORNEY COpy INMATE RECORDS COpy AGENCY/REPORT REVIEW COpy DEFENDANT COpy JIMMY A. BURKE NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # DD759337 ( Page 2 of 4
EXPIRES 2/17/2012 BONDED THRU 1-SSS-NOTARY1
Continuation of: Ii?! Charging Affidavit
o Notice to Appear
Defendant's JacketNumber I Case Name: JONES, JESSICA ROBERTA Number FHPD110FF004079
to which she states that it would r request one of the Troopers on scene to retrieve her coat from her vehicle. The defendant puts on her coat and I give her the instructions and demonstration once more r ask the defendant if she understood the instructions or had any questions. The defendant states that she understands the instructions and has no questions The defendant raises her right foot off the ground and puts it down at secondl, up at 2 and begins to hop at second 8, putting her foot down. The defendant raises her right foot off the ground at second 14, down at 15, up at 23, down at 24 and stops. The defendant states "I can't do it" several times throughout the exercise. The defendant raises her arms more than six inches away from her body for balance The defendant sways approximately 4 inches throughout the entire exercise. The defendant continues to attempt to perform the exercise three times after being told that she had completed it The next exercise I had the defendant perform was the Rhombeg balance exercise. r explain to the defendant what the exercise consists o( and ask if she understood the instructions or had any questions The defendant states that she understands the instructions and has no questions After 43 seconds had elapsed, the defendant looks forward and says, "You said 30 seconds right??" The defendant was instructed to estimate 30 seconds in her head, look forward and say "stop" once she felt 30 seconds had elapsed. The defendant had an orbital sway as she performed the exercise The defendant was unable to maintain her feet together. I place the defendant under arrest for driving under the influence I then transport the defendant to the Orange County Breath Test Center. On the way to the testing center I observed the strong and distinct odor of that which is commonly associated with that of an alcoholic beverage coming from the rear of my patrol car which was not present prior to my placing the defendant there. Once at the testing center and after a twenty minute observatiol1 r ask the defendant if she would submit to a test of her breath for the purpose for determining the alcoholic content of it I read the defendant implied consent at 2: II AM and inform her that her driving privilege would be suspended for a year if she refused to take the test or 18 months if she had a prior refusal The defendant agreed to submit to the test at 2: II AM. On the first breath sample the defendant provided she blew aO.199 at 2: 15 AM. On the second breath sample the defendant provided she blew aO.208 at 2: 18 AM. I then transported the defendant to the Orange County Jail. The defendant was positively identified via her Michigan drivers license, number J520403744616, as Ms. Jessica Roberta Jones.
Sworn to and subscribed before me,
this / h day of J'f' "'2 year ,;Jo I (
(-Notary Pubhc ----..."\
~sonally Known J/ Law Enforcement or Corrections Officer
Produced Identification
I swear or affinll :~7tatements are correct and tme
~!>~ ---- ... 7 Officers Signature
J.C. RAMIREZ /1281
Officer's Bus. Phone No
Type oflde/~ ___ --+ _________ _ Signatllre/, Officers Printed Name(L,F)/1D or Badge Booking/Receiving Signature
1001 (1101) COURT COPY RIICOIw LV' UI~~ ~~EY COpy INMATE RECORDS COpy AGENCY!REPORT REVIEW COpy DEFENDANT COpy NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # DD759337
EXPIRES 2/17/2012 BONDED THRU 1_eS6-NOTARY1
Page 3 of 4
Continuation of: o Charging Affidavit
o Notice to Appear
Name' Number , JONES, JESSICA ROBERTA FHPD11OFF004079 ~efendantls JacketNumber Case
-r.~~~~j~~~ __________ V~-_V~ic~tim~ __ ~~ ______ ~R~-~R~e~plo~rte~r __________________ ~W~-~W~it~n~es;s~--~~~~~------~
J *~~ss:-~"" ___ ""'-----.:;.;:2/::L{rf:~-"p-L-j:2;d.!:!':L~/l------------- ;;;~.-t~~H~g~-: --",",.,,"---,. r(~#,~St~re~et~,C~itY~"S~ta~te~): __________________________________________________________ -4~--__ ~P~ho~ne~:--------~
Bus/School: Zip: Bus, Phone:
Testimony: I EMail: Language:
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Swom)~ and subscribed be~l~e,
this ( b day of , t('P1 year ;;0 ('I ~otary Public ~ Law Enforcement or Con'ections Officer
I p~, Kn~ Produced Identification
Typeoflden~_+ _________ _
I sweaA~ statements are corTect and true
/. Officers Signature
J,e. RAMIREZ/ 1281
Ofticer's Bus, Phone No
SignatureC , Officers Printed Name(L,F)/ lD or Badge BookingIReceiving Signature
1001 (1/01) COURT COPY KEI:U1UJ COPY STATE ATTORNEY COPY INMATE RECORDS COPY AGENCYIREPORT REVIEW COPY DEFENDANT COPY
JIMMY A. BURKE NOTARY PUBLIC· STATE OF FLORIDA COMMISSION # DD759337 *_~~~~S 2/1712012
Page 4 of 4
WITNESS INTERVIEW
Name Trooper Raymond J. Eldridge ___ Date/Time 1/16/11
Address
Place of Employment FIOI'ida Highway Patrol
Phone Number(s): Home (-----I __________ Work ( 407 ) 7'-"3<-!7~-2""'3=0"_'0"__ ____ _ Inte~iewConductedBy: ________________________________________________ _
On 1/16/11 at 12:44 a.m. I was dispatched to a hit and nm vehicle being followed by the victim. The victim had been following the vehicle from the area of Poinciana Blvd and U.s, 192. The vehicle was described as a white in color Honda with Michigan tag BPS6293. I was advised that the vehicle was in the area ofSR 423 and Osceola Pkwy. Then vehicle pulled into an apartment complex, the victim continued to follow. The white Honda then got back onto SR 423 northbound. At this time I was waiting on the vehicle on northbound SR 423 just south ofSR 417. Dispatch advised me that the victim had his flashers on and could now see "a Trooper". I observed the victim vehicle with its emergency lights on behind thevehide. In front of the victim was a white in color Honda. As the vehicle passed I observed heavy front end damage to the vehicle. I then pulled in hehind the vehicle and observed the Michigan plate matching the description provided by the victim. I initiated a traffic stop on the vehicle at SR 423 and North Town Loop Bv. The vehicle stopped in the right turn lane, south of North Town Loop Bv on northbound SR 423. After the vehicle stopped, I made a passenger side approach on the vehicle. I asked the driver for her drivers license, proof of insurance and registration. The driver handed me her drivers license out of Michigan. The odor of alcohal was coming form within the vehicle. The driver had slurred speech and her movements were slow. A short time after I turned all information over to Trooper Ramirez.
Swom to me this 16th 2011
day of January I swear/affirm that this statement is true and correct, /;2 (.. '7
- "'Z(p;:,y
171/'6//0/"-PrJO y--o 77 Statement Page __ 1_ of __ 1_ Case Number FHPDll0FF004066
Page __ 1 __ HSMV 62705 (Rev. 3/96) S
WITNESS'INTERVIEW
::::5S ~:1::~71!:;J~C~~_Rl)L'!£';'f.fJjL! Date;:~ j
Place of Employment _1..=-t+/J ..... N'+f.+-' _____________________ _ I \
Phone Number(s): Home ( ljb"}
Interview Conducted By:
/ - /'-" - 2a/ I q f Cd /)or eX. /23()!4k1
Sworn to me this { 6 LA day of J~M (; 4.....- ¥ ?-O II
I swear/affirm that this and correct.
Section 117.10 Florida Statutes
Statement Page l of L Case Number EfIr6 ((Orrvl) Yo/9 HSMV 62705 (Rev. 3196) S
pa~-+---(
DUI Testing, taCililV Request for Test
'~F'~ !ooWJ& t&i 't~
I, Trooper 1. C. Ramirez ID# 2650 Name Key
being a duly sworn law enforcement officer employed by: Florida Highway Patrol do hereby request that the on duty breath test operator of the Orange County Sheriff's Office administer a breath test to:
Last Jones First Jessica I Middle Roberta Name: Name: Name:
DOB: 8/6/86 Race: White I Sex Female I Age 24
whom I have lawfully arrested for the offense of Dnvmg Under the Influence of AlcoholIc Beverage, Chemical or Controlled Substance according to Florida Statute #316 193
Driver's License J520403744616 State or Country of Michigan Number: Issue:
Date of 1116/2011 I Day of Week: Sunday I Time of 12:50 AM Offense: Offense:
Place of State Road 4231N0rth Town Loop Blvd I Orange County, FL I Zone: Offense:
Date of Arrest:
Place of Arrest:
Arrest Case Number:
1116/2011 I Day of Week: Sunday I Time of Arrest: 1:28 AM
State Road 423INorth Town Loop Blvd I Orange County, FL
FHPD110FF004079 Accident Case N/A Number:
Was an accident involved with this immediate offense? 0 Yes Was this arrest the result of a special detail? 0 Yes
C8J No C8J No
OCSO Deputy Only: Sector: Zone: Squad: ---------- ----------
(Affix Seal Below) leer
Swor d subscribed before me this
I Zone:
JIMMY A. BURKE NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # 00759337
EXPIRES 2/1712012 BONDED THRU 1-888-NOTARY1
\ Co Day of __ -J-=-:.f\-,--,..)_V-A-~L----,'i~-_____ ,20
. Name of Notary Public)
OR Produced 1. D. 0 Type Wt.b89R,c1.Jct~7) -------
or Notarizing Officer
Title
44
44
l \
0\'5\
/
GrSREATH TEST
ran e rida
o nty
I AM NOW REQUESTING THAT YOU SUBMIT TO AN APPROVED TEST OF YOUR BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC CONTENT OF YOUR BREATH.
AND/OR
D URINE TEST
I AM NOW REQUESTING THAT YOU SUBMIT TO A TEST OF YOUR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ANY CHEMICAL OR CONTROLLED SUBSTANCE.
YOU REFUSE TO TAKE THIS TEST, YOUR DRIVING PRIVILEGE WILL SUSPENDED FOR A OF ONE (1) YEAR YOUR RST REFUSAL, OR EIGHTEEN (18) MONTHS IF YOUR
DRIVING HAS PREVIOUSLY SUSPEN TO SUBMIT TO A LAWFUL . ADDITIONALLY, IF YOU REFUSE TO TAKE THIS AND YOUR DRIVING PRIVILEGE HAS PREVIOUSLY SUSPENDED FOR A PRIOR FUSAL, YOU WI BE COMMITTING A MISDEMEANOR. YOUR REFUSAL TO SUBMIT TO THIS TEST IS ADMISSIBLE iNTO EViDENCE iN ANY CRIMINAL PROCEEDING.
WILL YOU TAKE THE TEST YES NoD
DO YOU STILL REFUSE TO SUBMIT TO THIS TEST KNOWING YOUR DRIVING PRIVILEGE WILL
BE SUSPENDED FOR A PERIOD OF AT LEAST ONE YEAR? YES D NO D
~ o-~ 464 ~~ ~ lO~~ White - Gourt 'lj"ellow - State ~ttorne~
DATE:
TO:
FROM:
SUBJECT:
Assigned Assistant State Attorney
Orange County Sheriff's Office DUI Testing Center
Sheriff Jerry L. Demings
Reimbursement for Cost of Investigation in the Case of
Defendant: .J e""::>"::> \ CIA e()6B £'1"" J (),J e-:::>
Case Number: Fr\f> Dt q D Fe 0 b <-\ () 1'9
Arresting Agency: _---->E----LH-LLf:> _______ _
AFFIDAVIT IN SUPPORT OF INVESTIGATIVE COSTS
Before me, personally appeared ..J, 5u tZ...f!..6 being duly sworn, deposes and says:
of the Orange County Sheriff's Office, who first
1. The Orange County Sheriff's Office has incurred significant costs in man-hours and other expenses to bring this defendant to justice and the taxpayers currently bear this financial burden.
2. F.S. 939.02 mandates that all costs accming before a committing magistrate shall be taxed against the defendant in a criminal case upon conviction.
3. The Orange County Sheriff's Office has incurred investigative costs, expended in the amount of$ 4"3, I b for the processing of this criminal matter as further evidenced by the investigative cost expense report referenced and incorporated herein.
4. In this case, the Defendant was anested for DUI, a criminal violation under Chapter 3 16, F.S. and the Orange County Sheriff's Office seeks reimbursement of its costs described herein to be paid upon conviction, to the Orange County Sheriff's Office DUI Test Center Fund as part of the defendant's sentence.
INVESTIGATIVE COST EXPENSE REPORT
Date Expense Description Cost
\ /\(., /\\ DUI Breath Test Processing Fee $ 43. l (, '" '"
\Lt $ -- 'U~ ,'N/~
SWORN TO AND SUBSCRIBED BEFORE ME this I (P day of .j ~N 111\ I... '( , 20 ~ .
. /-/7 /, .... F'~~/··
Signature of Arresti
10-1554 (9/09) White - Clerk of the Court Yellow - OCSO Records
Date
FI '.IDA DEPARTMENT OF LAW ENF\ ~EMENT
ALCOHOL TESTING PROG&~ , '
BREATH Ar,COHOL TEST AFFIDAVIT
Instrument Type: Intoxilyzer 8000 Instrument Registered To: ORANGE COUNTY 8.0.
Instrument Serial Number: 80-001418 S.oftware: 8100.27 Date of Test: 01/16/2011
Observation Period Began: 01:51 Subject's Name: JESSICA R JONES DOB: 08/06/1986 Sex: F
The subject was observed for at least twenty-minutes prior to the administration of the breath test to ensure that the subject did not take anything orally and did not regurgitate.
Resu1.1cs:
Cylinder Lot: 750981 Exp: 04/09/2012
Test Diagnostics Check Air Blank Control Test Air Blank Subject Sample #1 Air Blank Air Blank Subject Sample #2 Air Blank Control Test Air Blank Diagnostics Check
State of Florida, County of Oe.."",.Jc..c
g/210L Time OK 02: l3 0.000 02:14 0.080 02: 14 0.000 02: 15 0.199 02:15 0.000 02:16 0.000 02:18 0.208 02: 18 0.000 02:19 0.080 02:19 0.000 02:19 OK 02:19
Personally appeared before me the (_) produced
undersigned authority, who (~~o as identification, and who after being placed under
states:
me or oath,
I ,u.~~._",- BURKE , hold a valid Breath Test Operator permit issued by the Florida Department of Law Enforcement, I administered the above breath test to the subject named above in accordance with Chapter IlD~8, Florida Administrative Code, and this form is a true and accurate report of that breath test~
Breath 'rest operaton t Date, I I, (./' I Siture
Svwrn to (or affirmed) before me this l <.. day of .jy....:~ 'i dO l I
7/R, .2(, gt?d1/~ Notary public-State of Florida pri~Name of Notary public-State of Florida
Note: Pursuant to se~tion 117.10, Florida Statutes, law enforcement officers, correctional officers, traffic accident investigation officers and traffic infraction enforcement officers are notaries public when engaged in the performance of official duties. In accordance with section 316.1934(5), F.S., this completed form is admissible without further authentication and is presumptive proof of the results herein. To be used in accordance with Section 316.1934(5), F.S., and in administrative proceedings pursuant to 322.2615, F.S.
F'DDE/A'l'p FORM 38 - MARCH 2004, Ref. llD-8.007
ALCOHOL .'NFLUENCE FORM (Page 1)
Law Enforcement Agency Name: Case Number: FHI' FHPDI1OFFOO4079 - --_._-
Date/Time )f Custody: Accident Number: I Date/Time of Accident: N/A N/A 1116111 @ 0128 Name (Last, First, Middle): Age: I DOB: I ~ce: I ~ex: JONES, JESSICA ROBERTA 24 8/6/86 Arresting Officer: Agency: J. RAMIREZ FHP Breath Test Operator: Agency: J. BURKE OCSO DUI Unit Agency Inspector(s): Agency: K. MELVILLE OCSO DUl Unit Was subject observed for 20 minutes? I By Whom? I SUbject first observed at what time? Yes [g] NoD J. BURKE 0151 Has subject taken anything by mouth or regurgitated in the 20 minutes Video Number(s): prior to administering the test? 13125 YesD No [g] Date:
I ~~~e~ I Results: 1116/11 0218 .199 .208 Instrument Name/Serial Number: Instrument Location: Intoxi1yzer 8000 Series 80-001418 ROOM#2
Operator's Comments: ITEMS: NONE BROUGHT IN
SUBJECT 1 ST NOTICED STANDING INSIDE FACIL TY DOOR- SHE WAS ROCKING/ SWAYING FRONT TO BACK- UNSTEADY STANDING
SUBJECT'S EYELIDS ARE VERY HEAVY
SUBJECT'S EYES ARE BLOODSHOT AND GLASSY (SAYS SHE'S WEARING CONTACTS) VERY DAZED LOOK
SUBJECT'S LIPS AND MOUTH ARE VERY DRY (LIPS SCABBED)
SUBJECT HAS AN ODOR OF AN ALCOHOLIC BEVERAGE ON HER BREATH
SUBJECT'S SPEECH IS SLURRED
..... WE WERE HAVING A PARTY AT THE BARN BECAUSE I DIDN'T WANT EVERYONE AT MY HOUSE AND I GOT PULLED OVER ON THE WAY HOME
SUBJECT WAS UNSTEADY WALKING DOWN THE HALL WITH A NOTICEABLE ST AGGER-(NOT WEARING SHOES)
SUBJECT WAS COOP ERA TIVE DURING OBSERV A TION- CRYING PERIODICALLY
IMPLIED CONSENT READ BY TROOPER RAMIREZ SUBJECT AGREED TO BREATH TEST AND PROVIDED 2 SUFFICIENT SAMPLES
10-1141 A electrol1lc versIOn (11106)
STATE OF FLORIDA Plaintiff, vs.
Defendant
-------------------------- /
IN THE COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA CASE NO. DIVISION:
ORDER FOR REIMBURSEMENT OF INVESTIGATIVE COSTS
THIS CAUSE, coming on to bc heard on motion of the State of Florida, pursuant to Sections 938.27 and 939.02, Florida Statutes, for repayment of costs of investigation incurred by the Orange County Sheriff's Office, and this Court having found that the Orange County Sheriffs Office has requested and documented such costs, and that there is merit to the State's motion,
IT IS HEREBY ORDERED AND ADJUDGED that the Defendant shall pay the Orange County Sheriffs Office the sum of $ . The Defendant's obligation for the repayment of the investigative costs mentioned herein:
I Shall be a special condition of any court-ordered supervision; beginning on
the Defendant shall make payments at the rate of not less than $ per month through Community Corrections Department, Orange County Probation Unit, to be paid in full no later than
2. _____ _ shall shall not be joint and several along with __________ . _____ _
FOR WHICH SUM LET EXECUTION ISSUE. DONE and ORDERED this ______ day of ,20 ____ ,at
___________ ,in __________ County, Florida.
COURT JUDGE
10-1553 (5/00) White - Clerk of the Court Yellow OCSO Records
"
eo Final Disposition
Arrestee: jGS-S \ c..A eOCZE!Ll MTU/Test Room Number: Roc It'-'\. ~ ~ Date of Arrest: \ /, G (\ , Video Number: I '3 \ ~~
Court Disposition: _________________ _ Serial Number: 1)0 -00 t ~ \ 1)
Disposition Entered By: _____________ _ Agency: f:bl~
Date of Disposition: _______________ _ Arresting Officer: j \ R- A·(v. \tZ G .z:..
Operator: J G l \ U<5 Agency Case #: t Ht' D \ \ () Ff" Q() <-\ 011
10-1403 (11104) When disposition is entered, return to: DUI Testing Center, 2400 W. 33rd Street, Orlando, FL 32839
11111111111111111111111111111111111111111111111111 FLORIDA DUI UNIFORM TRAFFIC CITATION
\\ Cf ~/V\f\O 2934-XBN g~WK 1 ° -------~.'"- ---"'---------------
COUNTt 01
OHANGE HIGHWAY Pll,TROt
CITY (IF APPLICABLE)
AGENCY
IN THE COURT DESIGNATEO BELOW lHE UNDERSIGNED CERTIFIES THAT HEfSHE HAS COMPLAINT JUST AND REASONABLE GROUNDS TO BELIEVE AND DOES BflIEVE TI{A.T ON (RETAINED BY COURD DAY OF WEEK
lo~t ... IOAY 12011 ~M Sun 16 NAMgRINC FIRST MIDDLE LAST
/d~~<J Z, JE SI A ROBERTA JONES ,:') / _0_
STREET IF DifFERENT THAN ONE ON DRIVER LICENSE "X" HERE I 39 JAMES DR c, I STATE I 48
c83E6 FOWLERVILLA MI TELEPHONE NUMBER I DATE Of MO I DAY
IVR IwE I SEX F I HGT 504
BIRTH 08 06 1986
DRIVER I J520403744616 LICENSE NUMBER I
I STATE ICoSS CDLLlCEN@ YR LICENSE EXP I ~F COMMERCIAL MTR. 0 MI v N 2012 VEH, "X" HERE
YR. VEHICLE I HONDA I FOEUR DOOR COLOR
JIF PLACARDED HAZARDOUS D 1998 WHI MATERIAL "X" HERE
VEHICLE liCENSE NO. I TRAILER TAG NO. I STATE YEAR TAG EXPIRES IIF COMPANION CITATION(S) 0 BPS6293 MI 2011 "X" HERE
STATE''RO'ATDR.i'Z3tNORTHL
rOWNLOOP BOULEVARD
DID UNLAWFULLY COMMIT THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES,
CHEMICAL OR CONTROLLED SUBSTANCES; DID DRIVE, OR WAS IN ACTUAL PHYSICAL CONTROL OF A
VEHICHLE, WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE/CHEMICAL SUBSTANCE/CONTROLLED
SUBSTANCE TO THE EXTENT NORMAL FACULTIES WERE IMPAIRED, OR WITH A BLOOD OR BREATH ALCOHOL
LEVEL OF .08 OR ABOVE OF .208 COMMENTS PERTAINING TO OFfENSE (Only one offense each citaUcn)
PIC FHPD110FF004079 SECTION SUB·SECTION
316.193 CRASH SERIOUS BODILY INJURY FATAL
DYES IBI NO TO ANOTHER DYES IBINO DYES [RINO
THIS IS A CRIMINAL VIOLATION. COURT APPEARANCE REQUIRED, AS INDICATED BELOW
2934-XBN g~di?K 1 COURT DATE T!ME
ORANGE COUNTY COURT (ORLANDO)
425 NORTH ORANGE AVE, ORLANDO, FLORIDA 32801
COURT AND LOCATION
ARREST DELIVERED TO ORANGE COUNTY CORRECTIONS/JAIL F DATE 01/16/2011 I AGREE AND PROMISE TO COMPLY AND ANSWER TO THE CHARGES AND INSTRUCTIONS SPECIFIED IN THIS CITATION, WILLFUL REFUSAL TO ACCEPT AND SIGN THE CITATION MAY RESULT IN ARRESTo I UNDERSTAND MY SIGNATURE IS NOT AN ADMISSION OF GUILT OR WAIVER OF RIGHTSo IF YOU NEED REASONABLE FACILITY ACCOMMODATIONS TO COMPLY WITH THIS CITATION, CONTACT THE CLERK OF THE COURTo
X SIGNATURE OF VIOLATOR
EFFECTIVE IMMEDIATELY, YOUR DRIVING PRIVILEGE IS SUSPENDED/DISQUALIFIED FOR:
o ~~~~~~ ~~~,~~~~~~~; B~~~T7;NB~~ ;~/;~RH~Lp~i~~u~t~s SS~S~EENNDS~~~~:g~~~~,:; ~ SIX
UNLAW!'UL BLOOD OR BREATH ALCOHOL LEVELo IF YOU HOLD A CDL OR YOU ARE OPERATING A CMV, YOUR COMMERCIAL DRIVER LICENSE/PRIVILEGE WILL ALSO BE DISQUALIFIED FOR ONE YEAR FOR THE FIRST OFFENSE OR PERMANENTLY DISQUALIFIED IF YOU HAVE BEEN PREVIOUSLY DISQUALIFIED UNDER SECTiON 32H4, Fo So
o ~G~~~~;,6~ ~~~~~ J~~~U~FBg~ ~~~7?~H7sRI~~I~~~~S;E~~;:I~g:~~~~~:H;'F ~~~VIOUSL Y SUSPENDED FOR THIS OFFENSEo IF YOU HOLD A CDL OR YOU ARE OPERATING A CMV, YOUR COMMERCIAL DRIVER LICENSE/PRIVILEGE WILL ALSO BE DISQUALIFIED FOR A PERIOD OF ONE YEAR FOR A FIRST REFUSAL OR PERMANENTLY DISQUALIFIED IF PREVIOUSLY DISQUALIFIED UNDER SECTION 322064, FoSo
LICENSE SURRENDERED? lEIYES DNO REASON _________________ _
ELIGIBLE FOR PERMIT? lEI YES 0 NO REASON =====:-.,-,=====c-==::::-:-::-----UNLESS INELIGIBLE, THIS CITATION SHALL SERVE AS A TEMPORARY DRIVER LICENSE AND WILL EXPIRE AT MIDNIGHT ON 1/26/2011 (THE 10TH DAY FOLLOWING THE DATE OF SUSPENSION)o
AT THE BUREAU OF ADMINISTRATIVE REVIEWS OFFICE, 4101 CLARCONA-OCOEE ROAD, SUITE 152, ORLANDO 32810-4221, YOU MAY REQUEST, ON OR BEFORE 1/26/2011 (WITHIN 10 DAYS AFTER THE DATE OF SUSPENSION), A REVIEW OF SUSPENSION BY THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLESo SEE REVERSE SIDE
TROOPEI J,C, RAMIREZ RANK· SIGNATURE OF OFFICER
HSMV 75904 (Revo 11/09:
2650 10. NO
D TROOP UNIT
COMPLAINT
CASE NO DOCKET NO PAGE NO
DATE COURT ACTION AND OTHER ORDERS
BAIL FIXED AT ~ OR CASH DEPOSIT OF $ ___
SIGNATURE OF PERSON GIVING BAIL
SIGNATURE OF PERSON TAKING BAIL
FINE IN THE AMOUNT OF $ RECEIVED AS
REQUIRED BY COURT SCHEDULE
SIGNATURE OF CLERK
CONTINUANCE TO REASON
CONTINUANCE TO REASON
BOND ESTREATED
WARRANT ISSUED
VIOLATOR FAILED TO APPEAR-DRIVER LICENSE SUSPENDEC
VIOLATOR ARRAIGNED ON (DATE) PLEA:
FINDING:
ADJUDICATION:
SENTENCE: FINE COST
JAILED DAYS
DRIVER IMPROVEMENT SCHOOL
OTHER
DRIVER LICENSE SUSPENDED OR REVOKED FOR __ DAYS
RECOMMEND DRIVER LICENSE SUSPENSION FOR ---DAYS
RECOMMEND RE-TES'I
SIGNATURE OF JUDGE
TESTIMONY - JUDGE'S NOTES (OR OTHER COURT ORDERS)
APPEAL BOND OF $
VIOLA TOR'S FINGERPRINT WHEN
APPLICABLE
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