Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR11121802) DID, KNOWING HIS 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)(C); DID KNOWINGLY ATTACH TO ANY MOTOR VEHICLE OR MOBILE HOME ANY REGISTRATION LICENSE PLATE, OR WHO KNOWINGLY ATTACHES ANY VALIDATION STICKER OR MOBILE HOME STICKER TO A REGISTRATION LICENSE PLATE, WHICH PLATE OR STICKER WAS NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IS IN VIOLATION OF FLORIDA STATE STATUTE 320.261; DID KNOWINGLY OPERATE, ON THE ROADS OF THIS STATE, A VEHICLE THAT HAD NOT BEEN REGISTERED, IN VIOLATION OF FLORIDA STATE STATUTE 320.02(1); ON 071811, I WAS DISPATCHED TO THE AREA OF 2939 NORTH HOOTY POINT IN INVERNESS IN REFERENCE TO A DISTURBANCE INVOLVING A SUSPECT WITH A BASEBALL BAT. UPON MY ARRIVAL, THE SUSPECT/DEFENDANT HAD ALREADY LEFT, BUT I DID OBSERVE THE SUSPECT/DEFENDANT DRIVING DOWN HOOTY POINT AND DRIVE BACK INTO THE YARD ALONG WITH HIS PASSENGER. AT THIS POINT, I MADE CONTACT WITH THE SUSPECT/DEFENDANT. AFTER HE HAD PARKED, I DID OBSERVE A BASEBALL BAT AND A MACHETE RESTING SIDE BY SIDE IN THE BED OF THE PICKUP ALONG WITH SEVERAL EMPTY BEER CANS. AFTER IDENTIFYING THAT THE DISTURBANCE HAD PASSED AND THE COMPLAINANT ONLY WANTED THE SUSPECT TRESPASSED. I THEN INITIATED AN INVESTIGATION INTO THE DRIVER BEING INTOXICATED, BECAUSE I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM HIS BREATH. UPON LOOKING IN THE VEHICLE, I OBSERVED TWO OPEN CANS OF BUSCH BEER. IN SPEAKING WITH THE DRIVER/DEFENDANT, HE ADVISED THAT THE HAD APPROXIMATELY THREE BEERS WHICH WOULD EXPLAIN WHY THE DRIVER SEEMED UNSTEADY ON HIS FEET. I ASKED THE DRIVER FOR HIS DRIVER'S LICENSE; HOWEVER, HE ADVISED ME THAT HIS DRIVER'S LICENSE WAS SUSPENDED. I ASKED HIM FOR HIS VEHICLE REGISTRATION AND HE ADVISED ME THAT HE DID NOT HAVE ONE. WHEN I RAN THE LICENSE PLATE THROUGH FCIC/NCIC, THE PLATE HAD COME BACK REGISTERED TO A HOMEMADE TRAILER. THE TAG 719TZP BELONGED TO DAVID FORD. WHEN I RAN THE VEHICLE IDENTIFICATION NUMBER (VIN) ON THE PICKUP, IT CAME BACK TO A STEPHEN OOLEY WHERE IT WAS LAST REGISTERED IN 2009. THE DRIVER ALSO ADVISED THAT HE DID NOT HAVE VALID INSURANCE ON THE VEHICLE. HE FURTHER ADVISED THAT HE HAD PLACED THE TAG ON THE PICKUP AND BOTH THE TAG AND THE PICKUP BELONGED TO HIM; HOWEVER, HE HAD HIS FRIENDS REGISTER THE VEHICLE AND TAG UNDER THEIR NAMES. I CONFIRMED THAT THE DRIVER DID HAVE A SUSPENDED DRIVER'S LICENSE AND FOUR PRIOR CONVICTIONS FOR DRIVING WHILE LICENSE SUSPENDED. AT THIS TIME, I PLACED THE DEFENDANT UNDER ARREST FOR SUSPICION FOR DRIVING UNDER THE INFLUENCE, DRIVING WHILE LICENSE SUSPENDED, ATTACHING TAG NOT ASSIGNED, DRIVING AN UNREGISTER MOTOR VEHICLE. I ALSO CITED HIM FOR NO VALID INSURANCE AND OPEN CONTAINER. I DID TAKE THE TWO OPEN CONTAINERS OF BEER FROM THE FRONT PASSENGER FLOOR BOARD, POURED THEM OUT ON THE GROUND AND THEY WERE COLD TO TOUCH AND ONE WAS IN A COOZY. I ALSO CITED THE PASSENGER FOR HAVING AN OPEN CONTAINER IN THE VEHICLE. I THEN HAD THE VEHICLE TOWED BY SCALLY'S TO THEIR IMPOUND FACILITY. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANT WAS THEN READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .044 AND .042, TWO HOURS AFTER THE ARREST. THE DEFENDANT WAS CHARGED WITH NO MOTOR VEHICLE REGISTRATION/VEHICLE NOT REGISTERED WITH A BOND OF $150.00 AND ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 8623ROZX, ATTACHED TAG TO VEHICLE NOT ASSIGNED TO IT WITH A BOND OF $500.00 AND ISSUED UNIFORM TRAFFIC CITATION (UTC) 8622ROZX AND DRIVE KNOWING LICENSE SUSPENDED/REVOKED (FOUR PRIOR CONVICTIONS) WITH A BOND OF$500.00 AND ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 8621ROZ9, WITH A MANDATORY COURT APPEARANCE ON 0804101 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S TOTAL BOND FOR ALL CHARGES WAS $1,150.00. "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* |