On July 12, 2024 officers responded to a single vehicle crash on Avenue B NE in Winter Haven. A car had crashed and gotten stuck in an orange safety fence. The car belonged to Athena McKee Stith, who was at the scene. She was issued a a criminal citation for DUI damage to property and also for DUI.
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“PROBABLE CAUSE:
On July 12, 2024, at approximately 2111 hours, I responded to the area of REDACTED Avenue B NE, Winter Haven, Polk County, Florida, in reference to a single vehicle crash. The vehicle was stuck in an orange safety fence on the property of REDACTED Avenue B NE.
Prior to my arrival, the Winter Haven Fire Department had arrived and made contact with the driver of a silver 1999 Ford Mustang bearing FL tag REDACTED. I was informed by the fire department staff that the driver was not in the vehicle at their time of contact and was argumentative with them as they attempted to check on her.
I approached the driver who was positively identified as Athena McKee Stith by her Florida driver license.
McKee Stith was not even aware initially she was involved in a crash as when asked about the events leading to she asked “What was the crash?” While speaking with McKee Stith, she was slurring her words.
McKee Stith stated as far as medication she has a medical marijuana card, however, had not smoked recently.
I read McKee Stith her Miranda Rights from my agency issued card to which she advised that she understood and agreed to speak with me. Post-Miranda, McKee Stith confirmed that the above mentioned Mustang was hers and that she is the sole registered owner of the vehicle. McKee Stith advised she was in the vehicle by herself and confirmed she was the driver of the vehicle at the time of the crash. McKee Stith advised she had gone home after work and had two shots of Crown Royal prior to driving to Manny’s Chophouse (1100 3rd St SW). McKee Stith advised while at Manny’s Chophouse she had a single drink of Crown Royal neat. McKee Stith advised she then recalled heading home from Manny’s Chophouse and could not recall how she crashed – she could only recall turning right onto Avenue B NE and her vehicle feeling as if it was stalling out.
I asked McKee Stith if she had any medical conditions to which she advised no. I asked McKee Stith if she has ever had seizures or been diagnosed with diabetes which she advised she has not. I asked McKee Stith if she has had any recent surgeries or medical conditions that would impair her balance which she advised no. I asked McKee Stith if she was willing to perform some standard field sobriety exercises which she advised “yes ma’am.”
These exercises were conducted in the driveway of 620 Avenue B NE which was flat. I observed McKee Stith to have slurred speech and bloodshot/watery eyes.
Horizontal Gaze Nystagmus Exercise:
I explained to McKee Stith I was going to check her eyes and wanted her to look at the tip of the stimuli and follow it with her eyes only without moving her head. I asked McKee Stith if she wears any contacts, she advised she does not.
McKee Stith had to be reminded to keep her head still and to only follow the tip of the stimuli with her eyes.
McKee Stith swayed back and forth while standing with her feet together and hands by her side as if having problems maintaining balance.
McKee Stith exhibited lack of smooth pursuit in each eye as each moved in a jagged motion while tracking the stimuli.
McKee Stith exhibited distinct and sustained nystagmus at maximum deviation as each eye exhibited a pronounced jerking motion while the stimuli was held in position for four seconds.
Walk and Turn Exercise:
This exercise was performed on a straight line in the driveway which was clearly visible. The area was dry and flat. I explained to McKee Stith I wanted her to start with her left foot on the line, and put her right heel against the toe of her left foot with her arms down at her sides. I further explained to McKee Stith I wanted her to take nine heel-to-toe steps down the line counting aloud. I demonstrated the exercise to McKee Stith and asked if she understood the instructions that were given to her, she advised yes.
McKee Stith was unable to keep balance in the position instructed while listening to instructions.
McKee Stith began to move prior to being told to start and had to be reminded of the instructions throughout the exercise.
McKee Stith stepped off the line on her 2nd step on the initial series of step and took 15 steps in the initial series before having to be instructed to stop and turn as she had surpassed the number.
During the initial series, McKee Stith stopped while walking to reposition herself on the line after losing balance.
McKee Stith improperly turned taking both feet off the line to turn to repeat the same instructions going back down the line.
McKee Stith took 11 steps on her second series of step in which I instructed her to stop. McKee Stith continued for several more steps counting aloud this time before coming to a stop.
McKee Stith raised her arms more than 6 inches multiple times during both series of step as she began to lose balance.
2 or more clues is a clue of impairment, McKee Stith showed 7.
One Leg Stand Exercise:
This exercise was conducted in the same location as the Walk and Turn Exercise. McKee Stith elected to have her left foot lifted and her right foot kept planted on the ground.
I explained to McKee Stith I wanted her to stand with her feet together and her arms down at her side. I explained to McKee Stith I wanted her to raise either leg with the foot approximately six inches off the ground as she counted aloud in the following manner: “one thousand one, one thousand two, one thousand three,” and so on until told to stop. I demonstrated the exercise to McKee Stith. I asked McKee Stith if she understood the instructions that were given to her, she advised yes.
McKee Stith had to be reminded to count aloud.
McKee Stith swayed and was shrugging her shoulders while attempting to maintain her balance.
McKee Stith lost balance at her “one thousand seven” in which she raised her arms more than 6 inches, hopped, and placed her foot down.
I instructed McKee Stith to resume the exercise in which she rapidly began counting and placed her foot down again prior to being instructed to do so.
McKee Stith only counted to 17 for the total 30 seconds the exercise was performed.
2 or more clues is a clue of impairment, McKee Stith showed 4.
Based on the observations I observed and McKee Stith admitting post-Miranda that she was the driver of the vehicle, I placed McKee Stith under arrest for driving under the influence and transported her to the Winter Haven Police Department. While at the Winter Haven Police Department, I conducted my 20 minute observation time at approximately 2308 hours and finished at 2328 hours. While conducting my 20 minute observation, I did not witness McKee Stith place anything in her mouth.
McKee Stith was requested to submit to a lawful breath test for the purpose of determining her breath alcohol content. McKee Stith agreed in which Officer Salinas (W658) conducted the breath test utilizing the Intoxilyzer 8000. At 2334 hours McKee Stith blew REDACTED at 2337 hours McKee Stith blew REDACTED.
I issued McKee Stith a criminal citation for DUI damage to property (citation # AGYTYEE) as well as for DUI with a B.A.C REDACTED higher (citation # AGY7YFE). McKee Stith signed and fingerprinted the criminal citations.”
