| Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR11121985) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: HYDROCODONE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A) AND DID, KNOWING her DRIVER'S 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). ON 072911, I WAS DISPATCHED TO THE HESS GAS STATION LOCATED AT THE INTERSECTION OF STATE ROAD 44 EAST AND GOSPEL ISLAND ROAD IN INVERNESS IN REFERENCE TO A DISTURBANCE. WHEN I ARRIVED, I FIRST MADE CONTACT WITH THE DEFENDANT, MS BRITTANY SMITLEY. WHILE SPEAKING TO THE DEFENDANT IN REFERENCE TO A DISTURBANCE, I DISCOVERED THAT HER DRIVERS LICENSE WAS SUSPENDED. SHE WAS INFORMED BY THIS DEPUTY OF THE SUSPENSION AND SHE STATED "I KNOW AND I'M NOT GOING TO DRIVE." THE DEFENDANT THEN LEFT THE GAS STATION WITH HER FAMILY MEMBERS. APPROXIMATELY FIVE TO TEN MINUTES AFTER THE DEFENDANT LEFT THE GAS STATION, I OBSERVED HER DRIVING A RED 2000 FOUR DOOR PONTIAC VEHICLE, BEARING FLORIDA TAG K530MF, EAST ON GOSPEL ISLAND ROAD . THE DEFENDANT MADE A LEFT HAND TURN, CONTINUING EAST ON STATE ROAD 44 WHERE I INITIATED A TRAFFIC STOP. I APPROACHED THE DRIVER SIDE OF THE VEHICLE AND made CONTACT WITH THE DEFENDANT WHO IMMEDIATELY BEGAN APOLOGIZING FOR DRIVING AND STATED SHE JUST NEEDED TO GET HOME. THE DEFENDANT'S IDENTITY WAS VERIFIED BY HER FLORIDA IDENTIFICATION CARD. AN NCIC/FCIC CHECK OF THE DEFENDANT'S DRIVER' S LICENSE STATUS REVEALED THAT HER DRIVER'S LICENSE IF CURRENTLY SUSPENDED AND THAT SHE RECEIVED NOTICE BY COURT ORDER. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND SEARCHED INCIDENT TO ARREST. THE SEARCH OF THE DEFENDANT'S PERSON REVEALED A WHITE OVAL SHAPED PILL LOCATED IN HER RIGHT FRONT SHORTS POCKET. THIS PILL HAD THE MARKING "IP119" AND WAS IDENTIFIED THROUGH POISON CONTROL AS HYDROCODONE, TEN MILLIGRAMS. THE DEFENDANT WAS READ HER MIRANDA WARNINGS FROM A PREPRINTED AGENCY CARD, TO WHICH SHE STATED SHE UNDERSTOOD HER RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. WHEN QUESTIONED ABOUT THE PILL, THE DEFENDANT STATED SHE DOES HAVE A PRESCRIPTION. WHEN I ASKED THE DEFENDANT MORE SPECIFIC QUESTIONS ABOUT WHO THE PRESCRIBING PHYSICIAN WAS AND WHERE THE PRESCRIPTION HAD BEEN FILLED, SHE COULD NOT PROVIDE AN ANSWER. I ALSO QUESTIONED THE DEFENDANT ABOUT WHEN AND WHERE THE PRESCRIPTION HAD BEEN FILLED, TO WHICH SHE ALSO COULD NOT ANSWER. THE DEFENDANT THEN STATED SHE HAD THE RIGHT TO REMAIN SILENT AND DID NOT WISH TO ANSWER ANY MORE QUESTIONS. THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE WITH BOND SET AT $5,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, WITH BOND SET AT $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE, FOR A TOTAL BOND OF $5,500.00. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 7997-GJX6, FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, WITH A MANDATORY COURT APPEARANCE DATE ON 081811 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
