| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR12-2759) (12-165194) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED FOR FAILURE TO PAY FINANCIAL OBLIGATIONS, 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(10)(A). ON 091512 AT APPROXIMATELY 0954 HOURS, I WAS TRAVELING SOUTHBOUND ON U S HIGHWAY 19 AT SOUTHEAST FORT ISLAND TRAIL, WHEN I OBSERVED A SMALL SILVER SPORTS VEHICLE TRAVELING NORTHBOUND AT EAST MAYO DRIVE AT A HIGH RATE OF SPEED. THE VEHICLE WAS IN THE LEFT HAND LANE AND I WAS ABLE TO ACTIVATE MY FRONT RADAR ANTENNA. AT THAT TIME MY RADAR UNIT DISPLAYED A TARGET SPEED OF 60 MILES PER HOUR. THIS IS A 45 MILES PER HOUR ZONE THEREFORE; I CONDUCTED A TRAFFIC STOP ON SAID VEHICLE AT HIGHWAY 19 AND FORT ISLAND TRAIL, IN THE PARKING LOT OF SWEETBAY. UPON MAKING CONTACT WITH THE DRIVER/DEFENDANT, MR BRITO JAVIER, I ASKED TO SEE HIS DRIVER'S LICENSE. UPON RETURNING TO MY PATROL VEHICLE, I RAN HIS DRIVER'S LICENSE THROUGH âDAVIDâ AND FCIC/NCIC, WHERE I WAS ABLE TO DETERMINE THAT IT WAS CURRENTLY SUSPENDED FOR FAILURE TO PAY FINANCIAL OBLIGATIONS ON 080812 AND 090412, WITH NOTICES GIVE ON 071912 AND 081312. AT THAT TIME, I RETURNED TO THE VEHICLE AND ASKED THE DEFENDANT IF HE CURRENTLY LIVED AT THE ADDRESS ON HIS DRIVER'S LICENSE AND HE STATED YES. I ASKED WHY HIS DRIVER'S LICENSE WAS SUSPENDED AND HE STATED THAT HE WAS IN THE PROCESS OF TAKING A CLASS AND HAD RECEIVED AN EXTENSION. THE DEFENDANT ADVISED THAT HE DID RECEIVE THE NOTICES AND THAT IS WHEN HE WENT TO THE CLERKâS OFFICE AND GOT AN EXTENSION. HE COULD NOT PROVIDE ANY DOCUMENTATION TO PROVE THIS. I THEN ASKED HIM WHICH FINES HE DID NOT PAY, WHICH RESULTED IN THE SUSPENSION OF HIS DRIVER'S LICENSE. HE STATED THAT HE PAID BOTH OF HIS FINES OUT OF PINELLAS COUNTY AND THAT THEY SHOULD HAVE BEEN TAKEN CARE OF. I THEN ACCESSED PINELLAS CLERK OF COURTS WEB PAGE, WHERE I FOUND A DRIVING WHILE LICENSE SUSPENDED CITATION WHERE ADJUDICATION WAS WITHHELD. I ALSO DISCOVERED THAT ON 030212 A CIVIL PENALTY IN THE AMOUNT OF $166.00 WAS ASSESSED TO THE DEFENDANT WITH A PAYMENT DUE OF $328.12. ON 052412, A NOTICE WAS SENT FROM PINELLAS COUNTY TO THE DEFENDANT AT HIS CURRENT ADDRESS, IN REFERENCE TO THE FINE NOT BEING PAID. ON 070212, PINELLAS COUNTY SENT A SUSPENSION REQUEST TO THE STATE OF FLORIDA. IT APPEARS THAT THIS CITATION HAS STILL NOT BEEN PAID. I THEN SPOKE WITH THE DEFENDANT AGAIN, WHO THEN ADVISED THAT HE DID NOT PAY THE CITATION; HOWEVER HE PAID HIS ATTORNEY, WHO HE THOUGHT PAID THE CITATION. THE DEFENDANT ALSO ADVISED ME THAT WHEN THE FINE WAS ASSESSED AND HE ONLY HAD 30 DAYS TO PAY IT, HE RECEIVED THE NOTICE FROM PINELLAS COUNTY THAT IT WAS NOT PAID, HOWEVER DID NOT QUESTION HIS ATTORNEY IN REFERENCE TO THIS. HE THEN RECANTED HIS ORIGINAL STATEMENT THAT HE HAD RECEIVED SUSPENSION NOTICE FROM THE STATE OF FLORIDA AND NOW STATED THAT HE DID NOT RECEIVE ANY NOTICE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HE WAS CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED WITH BOND AMOUNT OF $500.00. PRIOR TO LEAVING THE SCENE THE DEFENDANTâS VEHICLE WAS SECURED IN THE SWEETBAY PARKING LOT AT HIS REQUEST. THE DEFENDANT WAS ISSUED WARNING NUMBER 356605B FOR UNLAWFUL SPEED 60 MILES PER HOUR IN A 45 MILES PER HOUR ZONE, AND A CRIMINAL UNIFORM TRAFFIC CITATION 8391GQF5 FOR DRIVING WHILE LICENSE SUSPENDED WITH A MANDATORY COURT DATE OF 100412 AT 1300 HOURS. |
