| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR07101004) 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, HABITUAL OFFENDER, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(5). APPROXIMATELY ONE WEEK AGO, WHILE DRIVING TO AN OFF DUTY DETAIL, I OBSERVED A RED BUICK TRAVELING NEXT TO MY PATROL VEHICLE IN THE RIGHT LANE OF HIGHWAY 44. I OBSERVED THE DRIVER/DEFENDANT WHO QUICKLY TURNED OFF ON TO COUNTY ROAD 486. THAT NIGHT, WHILE WORKING MY DETAIL, I WAS REVIEWING THE HABITUAL TRAFFIC OFFENDER LIST ON SO-NET, WHERE I OBSERVED A PICTURE OF THE DRIVER/DEFENDANT I HAD SEEN, MR ROBERT MCKINNON. IT SHOULD BE NOTED THAT I REVIEWED THE PHOTO ARRAY OF THE DEFENDANT IN THE D.A.V.I.D. PROGRAM, WHERE IT PROVIDED APPROXIMATELY TEN PHOTOGRAPHS AND I COULD CLEARLY IDENTIFY THE DEFENDANT. I ALSO RAN THE DEFENDANT AT THAT TIME, THROUGH NCIC/FCIC, WHICH REVEALED HIS DRIVER'S LICENSE HAD BEEN REVOKED ON 052505 FOR SIXTY MONTHS, IN REFERENCE TO HABITUAL TRAFFIC OFFENDER. ON 123007, WHILE ON A TRAFFIC STOP ON THE CORNER OF REYNOLDS AVENUE AND SKINK LANE, I OBSERVED A RED BUICK PASSING MY PATROL VEHICLE. AT THAT TIME I OBSERVED THE DRIVER/DEFENDANT AND RECOGNIZED HIM AS MR ROBERT MCKINNON A HABITUAL TRAFFIC OFFENDER. THE DEFENDANT QUICKLY TURNED HIS VEHICLE IN TO THE DRIVEWAY IN TO A RESIDENCE AT THE CORNER. I COMPLETED MY TRAFFIC STOP AND WALKED APPROXIMATELY 40 YARDS FROM MY PATROL VEHICLE, WHERE THE DEFENDANT WAS JUST EXITING HIS VEHICLE. I STATED, "HEY ROBERT" AND THE DEFENDANT TURNED TOWARDS ME AND STATED, "YEAH?" I THEN ASKED THE DEFENDANT WHY HE WAS DRIVING A VEHICLE WHEN HE KNOWS HE IS A HABITUAL TRAFFIC OFFENDER. THE DEFENDANT STATED THAT HE WAS ONLY DRIVING ON THE DIRT PART OF THE ROAD, WHICH WAS NOT TRUE, BECAUSE THE DEFENDANT ENTERED THE PAVED PORTION OF THE ROADWAY ON REYNOLDS AVENUE BEFORE DRIVING IN TO THE RESIDENT'S DRIVEWAY. I DETAINED THE DEFENDANT TO CONFIRM THE STATUS OF HIS DRIVER'S LICENSE, WHICH DID REVEAL HE WAS A HABITUAL TRAFFIC OFFENDER AND IT WAS KNOWN TO THIS DEPUTY THAT A HABITUAL TRAFFIC OFFENDER CANNOT OBTAIN A DRIVER'S LICENSE FOR SIXTY MONTHS. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST, PLACED HIM IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. IT SHOULD BE NOTED, THE VEHICLE WAS TURNED OVER TO THE DEFENDANT'S AUNT WHO HAD ARRIVED ON SCENE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 5812-FGW FOR DRIVING WITH A REVOKED LICENSE, REFERENCE HABITUAL TRAFFIC OFFENDER. *NOT-EXEMPT* |
