| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (13-16261) (AR13-4376) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(C). ON 020413, WHILE DRIVING THROUGH THE PARKING LOT BETWEEN GOLDEN CORAL AND TIRES PLUS, ON AN UNRELATED INCIDENT, I NOTICED A VEHICLE PULLING INTO THE REAR OF TIRES PLUS. AS I APPROACHED, I NOTICED THAT the VEHICLEâS TAIL LIGHTS WERE ON. AS I TURNED IN BEHIND THE VEHICLE, I WAS ABLE TO NOTICE THE TAG out OF WASHINGTON STATE OF 213UWN ON A GREENISH IN COLOR MINI-VAN. THE REAR TAIL AND BRAKE LIGHTS WENT OFF AND A MALE SUBJECT EXITED THE DRIVERâS DOOR WEARING JEANS AND A DARK COLORED JACKET. HE THEN WALKED AROUND THE FRONT OF THE MINI-VAN TOWARDS the PASSENGERâS SIDE. I MADE CONTACT WITH THE WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR BRIAN MICHAEL-RAY WEAVER, AND ASKED WHAT HE WAS DOING, TO WHICH HE ADVISED THAT HE HAD AN ARRANGEMENT WITH THE MANAGER OF THE BUSINESS TO REMOVE TIRES THAT WERE STACKED BEHIND THE BUSINESS. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, TO WHICH HE STATED HE DID NOT HAVE HIS WALLET. I THEN ASKED WHY HE would BE DRIVING WITHOUT HIS DRIVER'S LICENSE OR WALLET, TO WHICH HE RESPONDED BY STATING THAT HE WAS NOT DRIVING. I ASKED THE DEFENDANT WHY HE would BE EXITING THE DRIVERâS SIDE OF THE VEHICLE IMMEDIATELY AFTER IT HAD DRIVEN BEHIND THE BUSINESS AND I WATCHED THE TAIL AND BRAKE LIGHTS GO OUT AND HIM STEP OUT OF the VAN THROUGH THE DRIVERâ S DOOR. THE DEFENDANTâS REPLY WAS THAT HE WAS IN THE BACK SEAT AND EXITED THROUGH THE DRIVERâS DOOR TO WAKE UP HIS SISTER. HE THEN STATED THAT HIS SISTER WAS ASLEEP, THAT IS WHY HE WENT TO THE PASSENGERâS SIDE OF the VEHICLE TO WAKE HER UP. AT THIS POINT, I TOLD THE DEFENDANT HIS STORY DID NOT MAKE SENSE. I THEN ASKED THE DEFENDANTâS NAME AND DATE OF BIRTH TO VERIFY his DRIVERâS STATUS. HE PROVIDED HIS FULL NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER. WHILE WRITING THIS INFORMATION DOWN, THE DEFENDANT SPONTANEOUSLY STATED âYOU WANT TO ARREST ME donât YOU?â I AGAIN ASKED THE DEFENDANT WHAT HE WAS DOING DRIVING BEHIND THE STORE, TO WHICH HE REPLIED âWE just CAME TO GET THE TIRES, BUT I wasnât DRIVINGâ. I THEN TOLD THE DEFENDANT HIS STORY DID NOT MAKE SENSE AND THAT IF SHE WAS DRIVING, BASED ON HIS STATEMENTS, SHE would HAVE BEEN SLEEPING AND OPERATING THE VEHICLE FROM THE back SEAT. THE DEFENDANT CONTINUED TO DENY OPERATING THE VEHICLE. I THEN RAN THE DEFENDANTâS NAME AND DATE OF BIRTH THROUGH DRIVER AND VEHICLE INFORMATION DATABASE AND DISCOVERED THAT his DRIVER'S LICENSE HAS BEEN SUSPENDED INDEFINITELY FOR FAILURE TO PAY TRAFFIC FINES, SUSPENDED 112712, NOTICE GIVEN ON 110712. I AGAIN SPOKE WITH the DEFENDANT AND ASKED HIM ABOUT HIS DRIVING HISTORY, TO WHICH HE BEGAN TO USE SNIDE COMMENTS ASKING WHY THEY WERE BEING HASSLED, THAT HE HAD PERMISSION TO TAKE the TIRES. I TOLD THE DEFENDANT THAT I DID NOT APPRECIATE HIS DISHONESTY. HE THEN STATED THAT HE would BE GOING TO JAIL FOR THIRTY DAYS FOR HIS LAST CHARGE OF DRIVING WHILE LICENSE SUSPENDED. I THEN SPOKE WITH THE WITNESS/DEFENDANTâS SISTER, MS NICOLE WAACK, WHO VERIFIED VERBALLY THAT THE DEFENDANT WAS DRIVING. SHE DID NOT WANT TO GIVE ANY OTHER INFORMATION AS SHE FEARED GETTING IN TROUBLE HERSELF. THE DEFENDANT ASKED IF HE COULD GET A TICKET WITH A COURT DATE AND AGAIN ASKED WHY I WAS HARASSING HIM. I NOTIFIED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED OR REVOKED KNOWINGLY, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT DID HAVE A PACK OF CIGARETTES, A FLASHLIGHT AND A LIGHTER, WHICH AT HIS REQUEST WAS GIVEN TO HIS SISTER NICOLE. NICOLE THEN LEFT THE AREA WITH THE VEHICLE WHICH IS REGISTERED TO HER. I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD WHILE IN THE BACK SEAT OF MY PATROL VEHICLE. the DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS and STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. I ASKED THE DEFENDANT IF HE KNEW HIS DRIVER'S LICENSE WAS SUSPENDED, WHY HE WOULD TAKE A CHANCE AND DRIVE, TO WHICH HE RESPONDED THAT HE NEEDS TO MAKE A LIVING, HIS SISTER WAS TIRED, HE WILL BE GOING TO JAIL FOR FIVE YEARS ANYWAY and ULTIMATELY HE FEELS more COMFORTABLE DRIVING THAN ALLOWING HER TO DRIVE WHEN SHE IS TIRED. I ASKED THE DEFENDANT IF HE KNEW WHEN HIS DRIVER'S LICENSE WAS SUSPENDED LAST, TO WHICH HE STATED THAT HE DOES NOT REMEMBER WHEN. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 4938GQF2 FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY 322.34(2)(C). A CRIMINAL HISTORY CHECK WAS PERFORMED, SHOWING MR BRIAN MICHAEL-RAY WEAVER HAD A CONVICTION IN DECEMBER 2004 FOR VIOLATION OF FLORIDA'S STATE STATUTE 322.34(2)(C) OUT OF OCALA FLORIDA, A SECOND CONVICTION IN SEPTEMBER 2008, AND A THIRD CONVICTION IN SEPTEMBER 2008. |
