| Probable cause affidavit: |
SUBMITTED BY: CLARK, CORRY 0711 (AR11120616) THE DEFENDANT, MR JAMES ELY, 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). ON 050511 AT APPROXIMATELY 0333 HOURS, I WAS CONDUCTING STATIONARY RADAR, WHEN I OBSERVED A RED IN COLOR PICKUP TRAVELLING NORTHBOUND ON HIGHWAY 41. AS THE VEHICLE APPROACHED, I OBSERVED THE VEHICLE TRAVELLING AT A HIGH RATE OF SPEED, AT WHICH TIME, I ACTIVATED MY FRONT RADAR, WHICH HAD A DISPLAY OF 59 MILES PER HOUR, ALONG WITH A CONSTANT DOPPLER TONE, IN A 35 MILE PER HOURS ZONE. AT THAT TIME, I INITIATED A TRAFFIC STOP WHERE THE VEHICLE PULLED INTO THE CUMBERLAND FARMS PARKING LOT, LOCATED AT THE APEX OF HIGHWAY 41 AND HIGHWAY 200. I THEN MADE CONTACT WITH THE DEFENDANT, MR JAMES ELY, AND ASKED HIM FOR HIS DRIVER'S LICENSE, AT WHICH TIME, THE DEFENDANT ADVISED HE DID NOT HAVE HIS DRIVER'S LICENSE WITH HIM. I THEN ASKED FOR THE DEFENDANT'S SOCIAL SECURITY NUMBER, WHICH HE PROVIDED. I THEN INFORMED THE DEFENDANT THE REASON FOR THE TRAFFIC STOP, AND RETURNED TO MY VEHICLE. AT THAT TIME, I ENTERED THE DEFENDANT'S SOCIAL SECURITY NUMBER INTO "D.A.V.I.D.", WHICH DISPLAYED THE STATUS OF THE DEFENDANT'S DRIVER'S LICENSE AS SUSPENDED APPROXIMATELY EIGHT TIMES SINCE 2009, FOR FAILURE TO PAY TRAFFIC FINES AND FINANCIAL OBLIGATION. I THEN RETURNED TO THE DEFENDANT'S VEHICLE AND ASKED HIM WHY HE WAS NOT CARRYING HIS DRIVER'S LICENSE, TO WHICH HE ADVISED HE DOES NOT HAVE ONE. I ASKED THE DEFENDANT TO CLARIFY HIS STATEMENT, TO WHICH HE ADVISED, HIS DRIVER'S LICENSE IS SUSPENDED. UPON FURTHER INVESTIGATION, THE DEFENDANT ADVISED HIS DRIVER'S LICENSE HAD BEEN TAKEN BY ANOTHER LAW ENFORCEMENT OFFICER PRIOR TO THIS INCIDENT. I ASKED THE DEFENDANT IF HE HAD EVER BEEN ARRESTED FOR DRIVING WHILE LICENSE SUSPENDED, TO WHICH HE STATED YES, EIGHT MONTHS AGO. THE DEFENDANT WAS THEN READ MIRANDA WARNINGS VIA PREPRINTED CARD and PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED (KNOWINGLY). THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) IN BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT'S WIFE RESPONDED TO THE SCENE AND TOOK POSSESSION OF THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS ISSUED WARNING NUMBER 329717B, FOR 59 MILES PER HOUR IN A 35 MILE PER HOUR ZONE. THE DEFENDANT WAS ALSO ISSUED A CRIMINAL FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 933GJX9 FOR DRIVING WHILE LICENSE SUSPENDED (KNOWINGLY), WITH A COURT DATE OF 051911 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT'S BOND WAS SET AT $500.00 ACCORDING TO THE BOND SCHEDULE "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* |
