| Probable cause affidavit: |
SUBMITTED BY: SMITH, BRADLEY 0477 (AR07004988) DID KNOWINGLY, WHILE HIS OPERATOR'S OR CHAUFFEUR'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE UPON THE HIGHWAYS OF THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 322.34. ON 090807, AT APPROXIMATELY 1000 HOURS, I WAS DISPATCHED IN REFERENCE TO AN ANONYMOUS TELEPHONE CALL. THE ANONYMOUS CALLER ADVISED THERE WAS A WHITE MALE DRIVING A GRAY FORD VAN TRAVELING SOUTHBOUND ON SOUTH FLORIDA AVENUE IN THE AREA OF HOLDER. I WAS ADVISED THAT THE DRIVER OF THE VEHICLE, MR DALE MRKVICKA/DEFENDANT, HAD A SUSPENDED DRIVER'S LICENSE AND HAD BEEN DRINKING. I WAS ALSO ADVISED WHILE EN ROUTE TO THE AREA THAT THE DRIVER WAS NOW PARKED AT THE CITGO GAS STATION, LOCATED AT THE INTERSECTION OF NORTH LECANTO HIGHWAY AND NORTH FLORIDA AVENUE. UPON ARRIVAL, I OBSERVED A GRAY VAN MATCHING THE DESCRIPTION GIVEN TO ME PARKED IN THE CITGO PARKING LOT WITH A WHITE MALE STANDING OUTSIDE IT. I OBSERVED THE TAG MATCHED THE TAG GIVEN TO ME BY DISPATCH AND THE VEHICLE BELONGING TO THE DEFENDANT. I OBSERVED THE DEFENDANT ENTER HIS VEHICLE AND BEGIN TO PULL OUT OF THE GAS STATION. THE DEFENDANT THEN STOPPED AND BACKED UP INTO A PARKING SPOT, AS IT APPEARED THAT HE HAD SEEN ME. SOON THEREAFTER, THE DEFENDANT LEFT THE GAS STATION AND BEGAN TRAVELING NORTH ON NORTH LECANTO HIGHWAY. THE DEFENDANT THEN MADE A LEFT TURN ONTO NORTH WHIPPOORWILL TERRACE AND THEN MADE AN ILLEGAL U-TURN ACROSS THE YELLOW DIVIDER LANES IN THE MIDDLE OF WHIPPOORWILL TERRACE. AT THAT TIME, CORPORAL CONLEY, WHO HAD ARRIVED ON SCENE, AND I INITIATED A TRAFFIC STOP NEAR THE INTERSECTION OF NORTH WHIPPOORWILL TERRACE AND NORTH LECANTO HIGHWAY. THE DEFENDANT PROVIDED ME WITH HIS FLORIDA IDENTIFICATION CARD AND ADVISED ME THAT HIS LICENSE OUT OF ILLINOIS HAD BEEN REVOKED FOR DRIVING WHILE UNDER THE INFLUENCE (DUI). THE DEFENDANT WENT ON TO STATE THAT HIS LICENSE HAD BEEN REVOKED SINCE 1981 AND HE HAS HAD THREE DUI'S. AT THAT TIME, I CONDUCTED AN FCIC/NCIC CHECK, AS WELL AS A QUERY THROUGH TELETYPE, WHICH REVEALED THE DEFENDANT'S LICENSE HAD BEEN REVOKED FROM ILLINOIS SINCE 1983 FOR DUI. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) IN FRONT OF HIS PERSON DUE TO A PRE-EXISTING BACK INJURY, AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. SEARCH INCIDENT TO ARREST, CORPORAL CONLEY LOCATED THREE FOAM COFFEE CUPS INSIDE THE VEHICLE WHICH CONTAINED BEER. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING, WITH BOND SET AT $10,000.00 PER THE BOND SCHEDULE. CORPORAL CONLEY STOOD BY WITH THE DEFENDANT'S VEHICLE WHICH WAS LATER TOWED BY HOLMAN'S TOWING. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION 9581-EVX FOR DRIVING WHILE LICENSE REVOKED, WARNING 198948B FOR IMPROPER TURN/ILLEGAL TURN, AND WARNING 198949B ISSUED FOR OPEN ALCOHOL CONTAINER. *NOT-EXEMPT* |