| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DAN 0443 (AR09111853) did, knowing HIS/HER driver's license or driving privilege had been cancelled, suspended or revoked AS A HABITUAL TRAFFIC OFFENDER, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(5) ON 111009, AT APPROXIMATELY 0211 HOURS, I OBSERVED A WHITE HYUNDAI PASSENGER VEHICLE TRAVELING SOUTH ON SOUTHEAST EIGHTH AVENUE NEAR THE INTERSECTION OF SOUTH EAST FIFTH TERRACE IN CRYSTAL RIVER. THE VEHICLE WAS TRAVELING AT APPROXIMATELY 25 MILES PER HOUR IN A 25 MILES PER HOUR ZONE, WHEN HE PASSED A CITRUS COUNTY SHERIFF'S DEPUTY ON A TRAFFIC STOP NEAR THE ABOVE INTERSECTION. THE DRIVER OF THE HYUNDI FAILED TO REDUCE HIS SPEED WHEN PASSING AN EMERGENCY VEHICLE WITH IT'S LIGHTS ACTIVATED, AS DIRECTED BY THE FLORIDA MOVE OVER ACT. I THEN PULLED IN BEHIND THE VEHICLE, ACTIVATED MY OVERHEAD EMERGENCY LIGHTS, AND CONDUCTED A TRAFFIC STOP ON THE VEHICLE IN THE PARKING LOT OF 800 SOUTH EAST EIGHTH AVENUE. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR MANDEL WITHERSPOON, I REQUESTED HIS DRIVER'S LICENSE AND VEHICLE REGISTRATION. AT THAT TIME, THE DEFENDANT PROVIDED ME WITH THE VEHICLE REGISTRATION, AND ADVISED THAT HE DID NOT HAVE HIS DRIVER'S LICENSE. THE DEFENDANT THEN STATED that HE DID NOT HAVE A DRIVER'S LICENSE. I INFORMED THE DEFENDANT OF THE REASON FOR MY TRAFFIC STOP, TO WHICH THE DEFENDANT STATED THAT HE WAS UNAWARE OF THE FLORIDA MOVE OVER ACT. I THEN ASKED THE DEFENDANT WHY HE DID NOT HAVE A DRIVER'S LICENSE, TO WHICH HE STATED THAT IT HAD BEEN TAKEN AWAY FOR FAILURE TO PAY CHILD SUPPORT. I RETURNED TO MY VEHICLE AND CONDUCTED A COMPUTER CHECK, WHICH REVEALED THE DRIVER'S DRIVING PRIVILEGE WAS SUSPENDED INDEFINITELY ON 030909 FOR FAILURE TO PAY CHILD SUPPORT, AND that HIS DRIVING PRIVILEGE WAS REVOKED FOR SIXTY MONTHS ON 100709 FOR HABITUAL TRAFFIC OFFENDER. THE COMPUTER CHECK ALSO REVEALED THAT THE DEFENDANT HAD RECEIVED NOTICE OF THE SUSPENSION / REVOCATION BY PRIOR UNIFORM TRAFFIC CITATION OR COURT ORDER. I AGAIN MADE CONTACT WITH THE DEFENDANT, and HAD HIM EXIT HIS VEHICLE. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING WHILE LICENSE WAS SUSPENDED OR REVOKED. THE DEFENDANT WAS THEN HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK, AND PLACED IN THE REAR OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING, WHERE HIS BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A WRITTEN WARNING FOR VIOLATION OF THE FLORIDA MOVE OVER ACT, AND A FLORIDA UNIFORM TRAFFIC CITATION, (#2803FYA), FOR knOWINGLY DRIVING WHILE LICENSE WAS SUSPENDED OR REVOKED. *NOT-EXEMPT* |
