| Probable cause affidavit: |
SUBMITTED BY: BEHNEN, JONATHAN 0442 (AR08106676) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. On 121208, at approximatEly 2212 hOUrs, this deputy conducted a traffic stop on a white Chevrolet Van bearing Florida Tag NUMBER E711HB on US HIGHwAy 19 and NORTH WEST 6th Avenue within the city limits of Crystal River. Prior to the traffic stop, dispatch recEived a 911 call from an ANONYMOUS complainaNt advising that a white van was traveling south on US HIGHwAy 19 and swerving on and off the roadway. The incident number for that call was 251780. Upon being dispatched to that call, this deputy began to BOLO US HIGHWAY 19 north from Turkey Oak Drive. A vehicle matching that description passed this deputy just south of Castaways Bar. Upon making a U-Turn and pulling in behind the listed vehicle it was determined that the tag number on the vehicle I was observing did match that of which was provided in the original complaint. At that time, I began an observation period in reference to the vehicles driving patterns. While observing the listed vehicle, I observed the vehicle swerve to its right, where the right side tires crossed over the fog line SIX (6) SEPARATE times. On two occasions, the vehicle over corrected entering into the left lane slightly and then back to its original lane of travel. The vehicle was also maintaining between 35 and 37 miles per hour thrOUGH three different speed zones, a 60 mILE PER HOUR (Mph) zone, a 55 mph zone and a 45 mph zone. Due to the violations and driving patterns observed by this deputy, a traffic stop was conducted on US HIGHwAy 19 and NORTH WEST 6th AveNUE. My emergency lights were activated and the vehicle did stop. Upon stopping, the driver of the vehicle, later identified as the defendant by verbal admission, exited the vehicle, stumbling out of the door and almost falling to the ground. The defendant had a very strong odor of alcohol emitting from his person and breath. The defendant was asked to submit to FiEld Sobriety Tests, to which he originally complied. The first task was explained and demonstrated to the defendant, the defendant did advise he understood the task. The defendant also advised this deputy he had no physical limitations that would prevent him from completing this task. The first and only task conducted was the RhOmberg Alphabet task. The defendaNt, upon attempting to tilt his head back and close his eyes, lost his balance, staggering to his left. The defendant then advised this deputy "I'm not gonna play your games, you got me". I asked the defendant if he wished to continue, to which he stated "no, I'm not going to be your little monkey". The defendant was placed under arrest, handcuffed (double locked) behind the back, secured in the rear of my patrol vehicle, and transported to the Citrus County Detention Facility without further incident. Upon arrival at the detention facility, the defendant was read his Implied Consent and Miranda Warning via pre-printed cards. The defendant did submit to an approved test of his breath yiElding the results of .151 and .158. The DefendAnt was issued florida UNIFORM TRAFFIC CITATION (UTC) NUMBER 8741-FGW, for failure to drive within single lane with a fine payable of $141.00 within 30 days. The defendant was also issued Florida UTC NUMBER 8742-FGW, for failure to carry/exhibit HIS DRIVERS LICENSE upon demand with a fine of $75.50 within 30 days. In reference to the DUI, the defendant was issued Florida DUI UTC NUMBER 4167-XDX, with a mandatory court date of 011209 at 0830 HOURS at the Citrus County Court House. Prior to leaving the scene, the listed vehicle was towed by KnighTly Auto and a tow sheet was completed and turned in to records. The defendant's bond was set at $500.00 per the bond schedule. The witness/passenger of the vehicle was given a courtesy ride by Deputy Hughes to a local 24 hour gas station to use the pay phone to obtain a ride. No further action taken by this deputy. *NOT-EXEMPT* |
