| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, ANDRA 0464 (AR10117550) DEFENDANT DID HAVE AN ACTIVE CITRUS COUNTY WARRANT, WARRANT NUMBER WA10008546, COURT CASE NUMBER 2010CT002589, IN REFERENCE TO FAILURE TO APPEAR FOR DRIVING A MOTOR VEHICLE WITHOUT A VALID LICENSE. ON 102410, I WAS REQUESTED BY DISPATCH TO ASSIST SERGEANT SMITH ON A TRAFFIC STOP. UPON MY ARRIVAL AT THE LOCATION OF US HIGHWAY 41 NORTH WITH A CROSS STREET OF SHALE AVENUE, SERGEANT SMITH ADVISED THAT HE HAD CONDUCTED A TRAFFIC STOP ON THE DEFENDANT, MR CARLOS MAGANA, FOR DOING 73 MILES PER HOUR (MPH) IN A 55 MPH SPEED ZONE. SERGEANT SMITH FURTHER ADVISED THAT UPON MAKING CONTACT WITH DEFENDANT MAGANA, DEFENDANT MAGANA ADVISED HIM THAT HE DID NOT HAVE A VALID DRIVER'S LICENSE. AT THAT TIME, SERGEANT SMITH REQUESTED HIS NAME ADDRESS AND BIRTH DATE. ORIGINALLY THE DEFENDANT HAD GIVEN SERGEANT SMITH TWO DIFFERENT DATES OF BIRTH. ONE BEING 081069 AND ONE BEING 081068, HOWEVER, SERGEANT SMITH REQUESTED THAT DUE TO THE LANGUAGE BARRIER THAT DEPUTY RODRIGUEZ BE DISPATCHED TO ASSIST TO TRANSLATE SO THAT THERE WOULD BE NO MISCOMMUNICATION. WHILE WAITING FOR DEPUTY RODRIGUEZ, IT WAS LEARNED THAT THERE WAS A CITRUS COUNTY WARRANT ISSUED FOR DEFENDANT MAGANA IN REFERENCE TO OPERATING A MOTOR VEHICLE WITHOUT A VALID LICENSE, HOWEVER, THAT WARRANT HAD THE BIRTH DATE OF 081068. AFTER DEPUTY RODRIGUEZ ARRIVED ON SCENE, HE MADE CONTACT WITH DEFENDANT MAGANA AND AGAIN STATED THAT DEFENDANT MAGANA TOLD HIM HE DID NOT HAVE A DRIVERS LICENSE AND THAT HE HAD RECEIVED CITATIONS PRIOR TO THIS FOR DRIVING WITHOUT A LICENSE. HE DID PROVIDE DEPUTY RODRIGUEZ with a BIRTH DATE OF 081069, HOWEVER, HE WAS UNABLE TO GIVE A CURRENT ADDRESS. AFTER DOING FURTHER RESEARCH ON THE WARRANT, IT WAS LEARNED THAT the WARRANT HAD THE CORRECT ADDRESS FOR WHERE DEFENDANT MAGANA HAD PREVIOUS LIVED AND HE HAD ACKNOWLEDGED THAT THAT WAS A FORMER ADDRESS. I WAS ALSO ABLE TO LOCATE THE ORIGINAL CITATION FOR WHICH THE WARRANT WAS ISSUED AND IT APPEARED AS THOUGH THIS WAS THE CORRECT DEFENDANT FOR THE WARRANT OTHER THAN A POSSIBLE TYPO MADE ON THE BIRTH DATE. DEFENDANT MAGANA WAS THEN PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED AND THE WARRANT WAS CONFIRMED THOUGH THE CITRUS COUNTY TELETYPE. THE BOND FOR THE DRIVING WHILE LICENSE SUSPENDED OR REVOKED CHARGE WAS $500.00 AND THE BOND AMOUNT ON THE WARRANT WAS $2,500.00. IT should BE NOTED THAT DEFENDANT MAGANA DID GIVE SEVERAL different NAMES OR INITIALS TO SERGEANT SMITH AND DEPUTY RODRIGUEZ. DEFENDANT MAGANA WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING A PROCESSING. SERGEANT SMITH WROTE DEFENDANT MAGANA WRITTEN WARNING NUMBER 229877B, FOR THE EXCESSIVE SPEED. "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* |
