| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342 (AR15-17422) DID, KNOWING her 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 112815, AT APPROXIMATELY 1740 HOURS, I WAS CONDUCTING TRAFFIC ENFORCEMENT IN the AREA OF NORTH SMITH TERRACE AND NORTH LECANTO HIGHWAY. WHILE CONDUCTING TRAFFIC ENFORCEMENT, I OBSERVED A SILVER DODGE THAT I AM FAMILIAR WITH, AND I WAS AWARE THAT THE REGISTERED OWNER, LATER IDENTIFIED AS the DEFENDANT, MS JOSEPHINE FAIRCLOTH, CURRENTLY HAD A SUSPENDED DRIVER'S LICENSE. I OBSERVED THE DEFENDANT GET INTO THE DRIVER SIDE OF THE VEHICLE WHILE IT WAS PARKED AT 910 EAST HARTSHORN LANE IN BEVERLY HILLS AND BEGAN TRAVELING NORTH ON NORTH SMITH TERRACE. AT THAT TIME, I RAN THE DEFENDANT THROUGH THE DRIVER AND VEHICLE INFORMATION DATABASE AND CONFIRMED THE DEFENDANT'S DRIVER'S LICENSE WAS STILL SUSPENDED AND HAD BEEN SUSPENDED SINCE 111315. IT SHOULD BE NOTED THAT APPROXIMATELY TWO DAYS AFTER THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED, I HAD MADE CONTACT WITH the DEFENDANT ON AN UNRELATED INCIDENT AND MADE HER AWARE THAT HER DRIVER'S LICENSE WAS SUSPENDED. AT THAT TIME, I TURNED SOUTH ON NORTH SMITH TERRACE OFF OF NORTH LECANTO HIGHWAY TO CONDUCT A TRAFFIC STOP ON the SAID VEHICLE. AS I TURNED SOUTH ON NORTH SMITH TERRACE, the SILVER DODGE BEARING FLORIDA LICENSE PLATE NUMBER DURU46 WAS APPROACHING MY LOCATION AT THE INTERSECTION OF NORTH SMITH TERRACE AND NORTH LECANTO HIGHWAY AT WHICH TIME THE VEHICLE PULLED OFF ONTO THE RIGHT-OF-WAY LOCATED AT THAT INTERSECTION, AND THE DEFENDANT EXITED THE DRIVER'S DOOR OF THE VEHICLE. AT THAT TIME, I PULLED OVER MY AGENCY MARKED PATROL VEHICLE TO THE SIDE OF THE ROAD AND NOTIFIED DISPATCH THAT I WOULD BE CONDUCTING A TRAFFIC STOP ON THE SAID VEHICLE. I MADE CONTACT WITH the DEFENDANT AND ASKED WHY SHE WAS DRIVING IN WHICH SHE STATED SHE NEEDED TO GET HER VEHICLE BACK TO HER RESIDENCE. I ADVISED THE DEFENDANT THAT HER DRIVER'S LICENSE WAS STILL CURRENTLY SUSPENDED AND THAT SHE WAS NOT SUPPOSED TO DRIVING. the DEFENDANT STATED SHE KNEW THAT BUT SHE NEEDED TO GET HER VEHICLE BACK TO HER RESIDENCE. AT THAT TIME, I REQUESTED THE DEFENDANT'S DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE, WHICH SHE COULD ONLY PROVIDE ME WITH her FLORIDA DRIVER'S LICENSE. I THEN RAN THE DEFENDANT THROUGH FCIC/NCIC WHICH ADVISED ME THAT HER DRIVER'S LICENSE WAS STILL SUSPENDED. AT THAT TIME, I MADE CONTACT WITH the DEFENDANT AND ADVISED HER SHE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE WAS SUSPENDED. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED), BEHIND HER BACK AND SECURED IN THE REAR OF MY PATROL VEHICLE. A FRIEND OF THE DEFENDANT'S ARRIVED ON SCENE A SHORT TIME LATER IN ANOTHER VEHICLE AND TOOK POSSESSION OF THE DEFENDANT'S VEHICLE PER THE DEFENDANT'S REQUEST. the DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ISSUED A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A1P2CPP, FOR DRIVING WHILE LICENSE SUSPENDED, SECOND OFFENSE, WITH A MANDATORY COURT DATE OF 121715, AT 1300 HOURS. the DEFENDANT WAS CHARGED WITH ONE COUNT WHILE DRIVER'S LICENSE WAS SUSPENDED, SECOND OFFENSE. BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
