| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR12-3911) (12-320678) 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CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS REVOKED FOR DRIVING UNDER THE INFLUENCE ON 020810 AND SUSPECT FOR REFUSAL TO SUBMIT 021709, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E) ON 122212 AT APPROXIMATELY 0150 HOURS, DEPUTY NORTON AND I WERE TRAVELING SOUTHBOUND ON US HIGHWAY 19 IN THE LEFT-HAND LANE PASSING THE LIQUID LAGOON BAR. AT THAT TIME, I NOTICED A STATION WAGON PULLING OUT OF THE PARKING LOT, CROSSING OVER THE RIGHT-HAND LANE NORTHBOUND IN TO THE LEFT-HAND LANE, WHERE THERE WAS CURRENTLY A VEHICLE IN TRANSIENT. THIS ACTION CAUSED THAT VEHICLE TO ENTER THE GRASS MEDIAN AND BE FORCED OFF THE ROAD. AT THAT TIME, I TURNED AROUND AND INITIATED MY EMERGENCY EQUIPMENT AND ATTEMPTED TO STOP THE VEHICLE, WHICH CONTINUED NORTHBOUND. THE STATION WAGON TRAVELED A SHORT DISTANCE AND THEN MADE AN ABRUPT LEFT-HAND TURN THROUGH THE TURN LANE AND CONTINUED NORTHBOUND IN THE SOUTHBOUND LANE OF TRAVEL. THE STATION WAGON THEN TURNED IN TO THE PARKING LOT OF CRYSTAL RIVER KAYAK AND CAME TO A STOP. I THEN APPROACHED THE DRIVERâS SIDE OF THE VEHICLE AND ORDERED THE DRIVER TO ROLL THE WINDOW DOWN. HE STATED THAT IT WOULD NOT ROLL DOWN AND I ATTEMPTED TO OPEN THE DOOR, WHICH WAS LOCKED. I ASKED HIM SEVERAL TIMES TO OPEN THE DOOR AND HE DID NOT COMPLY. DEPUTY NORTON THEN MADE CONTACT WITH THE PASSENGER OF THE VEHICLE AND ADVISED HER TO ADVISE THE DRIVER TO OPEN THE DOOR, TO WHICH HE DID. I THEN ASKED TO SEE HIS DRIVER'S LICENSE, AND HE TOOK AN OVER EXTENDED PERIOD OF TIME TO LOCATE IT. THE DRIVER/DEFENDANT, MR DANIEL DECICCO, THEN HANDED ME A FLORIDA IDENTIFICATION CARD. AT THAT TIME, I RETURNED TO MY PATROL VEHICLE AND RAN HIM THROUGH âDAVIDâ AND LEARNED THAT HIS FLORIDA DRIVER'S LICENSE HAD BEEN REVOKED ON THE FOLLOWING DATES: ON 020810 FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, ON 021709 FOR REFUSAL TO SUBMIT TO BREATH OR URINE TEST, ON 032510 FOR FAILURE TO COMPLETE COURT ORDER, ON 101810 FOR FAILURE TO PAY TRAFFIC FINE, ON 112910 FOR FAILURE TO PAY TRAFFIC FINE, ON 031610 FOR 12 POINTS WITHIN 12 MONTHS, ON 051010 FOR NO AUTO LIABILITY INSURANCE AND ON 032910 FOR NO AUTO LIABILITY INSURANCE, ALL OF WHICH PROVIDED NOTICE GIVEN. AT THAT TIME, I RETURNED TO HIS VEHICLE AND ASKED HIM TO STEP OUT OF HIS VEHICLE AND PLACE HIS HANDS ON THE VEHICLE. HE WAS THEN SEARCHED FOR WEAPONS, SUBSEQUENTLY HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, I READ THE DEFENDANT MIRANDA/IMPLIED CONSENT VIA PREPRINTED AGENCY CARD AND HE WOULD NOT SPEAK TO ME AT ALL. HE WAS THEN TURNED OVER TO REBECCA WHITNEY, WHO IS A CERTIFIED CORRECTIONS OFFICER. SHE THEN READ HIM IMPLIED CONSENT AGAIN, AT WHICH TIME HE REFUSED. IT SHOULD BE KNOWN THAT ON 021709 THE DEFENDANT WAS CONVICTED FOR A REFUSAL TO SUBMIT. AT THAT TIME, THE DEFENDANT WAS CHARGED with DRIVING WHILE LICENSE SUSPENDED OR REVOKED UNDER A CURRENT DUI SUSPENSION AND ISSUED A CRIMINAL CITATION 9233-GQF7 WITH A MANDATORY COURT APPEARANCE OF 011713 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. HE WAS ALSO ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION FOR REFUSAL TO SUBMIT CITATION 4743-XDX1 WITH AN MANDATORY COURT APPEARANCE OF 011713 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT $10,500.00, PER THE BOND SCHEDULE. |
