| Probable cause affidavit: |
SUBMITTED BY: FISHER, AUSTIN 1335 (AR15-16002) 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)(A). ON 080915, I WAS DISPATCHED TO the INTERSECTION OF NORTH FLORIDA AVENUE AND EAST APEX LANE IN HERNANDO, AS BACK UP FOR SERGEANT (SGT) FISCHER ON A TRAFFIC STOP. UPON MY ARRIVAL, I OBSERVED THE DEFENDANT, MR DANIEL RIVERA, AND PASSENGER, MR GEORGE GUERIN, HANDCUFFED BEHIND THEIR BACK STANDING BEHIND A BLACK IN COLOR 4-DOOR CAR. I THEN made CONTACT WITH SGT FISCHER, WHO ADVISED HE HAD OBSERVED THE BLACK IN COLOR 4-DOOR HONDA BEARING FLORIDA TAG NUMBER BLG4994 DRIVING AT A HIGH RATE OF SPEED. HE ADVISED WHEN THE VEHICLE PASSED HIM HE OBSERVED AN UNKNOWN OBJECT EXITING the WINDOW OF THE VEHICLE. I THEN ASKED THE DEFENDANT WHERE HIS DRIVERâS LICENSE WAS, TO WHICH HE STATED, ââI LEFT MY ID CARD AT MY HOUSE.â THE DEFENDANT THEN SPONTANEOUSLY UTTERED, ââMY LICENSE IS SUSPENDED AND THAT IS WHAT I AM ON PROBATION FOR.ââ SGT FISCHER AND I THEN CONFIRMED THE DEFENDANTâS IDENTITY THROUGH ââDAVIDââ and TELETYPE, AS WELL AS CONFIRMED THAT THE DEFENDANTâS DRIVERâS LICENSE HAS BEEN SUSPENDED INDEFINITELY SINCE 031610 and WAS CANCELED INDEFINITELY SINCE 061110 THROUGH ââDAVIDââ and TELETYPE. I THEN ASKED THE DEFENDANT WHAT HE THREW OUT the WINDOW OF THE VEHICLE, TO WHICH HE STATED A GREEN HEINEKEN BEER BOTTLE. THE DEFENDANT THEN EXPLAINED TO THIS DEPUTY THAT ONCE HE KNEW HE HAD PASSED A LAW ENFORCEMENT OFFICER HE THREW THE BEER BOTTLE OUT THE WINDOW BECAUSE HE WAS AFRAID TO GET AN OPEN CONTAINER CITATION. THE DEFENDANT DID NOT APPEAR TO BE UNDER THE INFLUENCE OF ANY TYPE OF DRUG OR ALCOHOL. I THEN PLACED THE DEFENDANT UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND the back, SEARCHED FOR CONTRABAND, AND THEN PLACED IN THE BACK OF MY PATROL VEHICLE. THE PASSENGER, MR GEORGE GUERIN, THEN TOOK POSSESSION OF THE VEHICLE AT the DEFENDANTâS REQUEST. I THEN TRANSPORTED THE DEFENDANT TO THE COUNTY JAIL FOR THE CHARGE OF DRIVING WHILE LICENSE SUSPENDED/REVOKED, KNOWINGLY AND HAS A BOND OF $1,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO ISSUED A CRIMINAL CITATION FOR DWLS, KNOWINGLY WITH A MANDATORY COURT DATE OF 082715 AT 1300 HOURS. NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY. |
