Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR13-5767) 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). DID KNOWINGLY DISPLAY, CAUSE OR PERMIT TO BE DISPLAYED, AND HAVE IN HIS POSSESSION A SUSPENDED DRIVER'S LICENSE KNOWING THAT SUCH LICENSE HAS BEEN SUSPENDED, TO WIT: SUSPENDED ON A NON-JUDGMENT SUSPENSION FOR FAILURE TO PAY INSURANCE , COMMENCING ON 031313, IN VIOLATION OF FLORIDA STATE STATUTE 322.32(1) ON 052613, SEVERAL DEPUTIES, INCLUDING MYSELF, WERE CONDUCTING SEAT BELT ENFORCEMENT FOR CLICK IT OR TICKET. I WAS DRIVING SOUTH ON US HIGHWAY 19, IN THE AREA OF RACE TRAC GAS STATION, IN CRYSTAL RIVER. I OBSERVED A BLACK IN COLOR, DODGE PICKUP TRUCK TO DRIVE PAST ME, AND I OBSERVED THE DRIVER, A WHITE MALE, TO NOT BE WEARING A SEAT BELT. I COULD CLEARLY SEE HE WAS NOT WEARING A SEAT BELT, AS THE BACK WINDOW AND DRIVERâS SIDE DOOR WINDOW WERE BROKEN OUT. I THEN INITIATED A TRAFFIC STOP ON THE VEHICLE, BEARING FLORIDA REGISTRATION BWQB70, NEAR THE INTERSECTION OF FORT ISLAND TRAIL AND US HIGHWAY 19. I MADE CONTACT WITH THE DRIVER, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR JOSHUA E ELLIS. I ASKED THE DEFENDANT FOR HIS DRIVER'S LICENSE, PROOF OF INSURANCE, AND VEHICLE REGISTRATION. THE DEFENDANT HANDED ME A FLORIDA DRIVER'S LICENSE, WITH THE NAME OF MR JOSHUA ELLIS, AND ADVISED THAT HE COULD NOT FIND HIS PROOF OF INSURANCE OR VEHICLE REGISTRATION. I THEN ASKED THE DEFENDANT WHY HE WAS NOT WEARING HIS SEAT BELT, AND HE ADVISED THAT HE HAD JUST LEFT THE AUTOMOTIVE REPAIR STORE AND HAD FORGOTTEN TO PUT IT ON WHEN HE LEFT. I THEN RAN THE DEFENDANTâS INFORMATION THROUGH FCIC/NCIC VIA TELETYPE. THE RESULTS SHOWED THE DEFENDANTâS DRIVER'S LICENSE TO BE SUSPENDED, WITH A DO NOT ISSUE A 30 DAY PERMIT, HAVING BEEN SUSPENDED ON 031313, WITH NOTICE GIVEN ON 022513. THIS WAS CONFIRMED THROUGH D.A.V.I.D., AS WELL. FCIC/NCIC FURTHER ADVISED THAT FLORIDA AUTHORITIES ONLY SHOULD SEIZE TAG, IF THE DEFENDANT WAS THE OWNER OF THE VEHICLE. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND READ HIS MIRANDA RIGHTS, VIA A PREPRINTED AGENCY ISSUED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS, AND WISHED TO CONTINUE SPEAKING WITH THIS DEPUTY AT THIS TIME. HE ADVISED THAT HE HAD KNOWN HIS DRIVER'S LICENSE HAD BEEN CURRENTLY SUSPENDED, ADVISING THAT IT WAS A NON JUDGMENT SUSPENSION, FOR FAILURE TO PAY INSURANCE. THE DEFENDANT MADE THE STATEMENT THAT HE KNEW IT WAS SUSPENDED AGAIN, FOR NO INSURANCE. I ASKED THE DEFENDANT IF THERE WERE ANY ILLEGAL NARCOTICS IN THE VEHICLE, AND HE ADVISED THAT THERE WERE NOT. I ASKED THE DEFENDANT WHY HE SMELLED SO STRONGLY OF GASOLINE, AND HE ADVISED THAT HE WAS TRYING TO SIPHON A MIXTURE OF GASOLINE AND OIL, STORED IN A BOTTLE IN THE REAR OF HIS TRUCK, TO SAVE MONEY. THE DEFENDANT WAS THEN SECURED IN THE REAR OF DEPUTY DERAâS PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT WAS RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. I MADE CONTACT WITH A ROTATION WRECKER, VIA TELETYPE, AND WAS ADVISED THAT EDâS TOWING WOULD BE RESPONDING TO THE SCENE. THE VEHICLE WAS INVENTORIED AND REMOVED FROM THE SCENE BY EDâS TOWING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY; AND ONE COUNT OF POSSESSING/DISPLAYING A SUSPENDED DRIVER'S LICENSE. HIS BOND WAS SET AT A TOTAL OF $650.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA CRIMINAL TRAFFIC CITATION, BEARING CITATION NUMBER 4609GZP2, FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, WITH A MANDATORY COURT DATE SET FOR 061313, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE THE DEFENDANT WAS ALSO ISSUED FLORIDA CRIMINAL TRAFFIC CITATION, BEARING CITATION NUMBER 4611GZP7, FOR POSSESSING/DISPLAYING A SUSPENDED DRIVER'S LICENSE, WITH A MANDATORY COURT DATE SET FOR 061313, AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, BEARING CITATION NUMBER 4612GZP8, FOR THE SEAT BELT VIOLATION, WITH A TRAFFIC FINE OF $116.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS. THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, BEARING CITATION NUMBER 4613GZP9, FOR NO PROOF OF INSURANCE, WITH A TRAFFIC FINE OF $116.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS . THE DEFENDANT WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, BEARING CITATION NUMBER 4614GZPX, FOR FAILURE TO EXHIBIT VEHICLE REGISTRATION, WITH A TRAFFIC FINE OF $113.00, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY CLERK OF COURTS. IT SHOULD BE NOTED THAT, LOCATED IN THE DEFENDANTâS WALLET, I LOCATED SEVERAL DIFFERENT DRIVER'S LICENSES AND EBT CARDS, WHICH WERE LISTED TO PEOPLE OTHER THAT THE DEFENDANT. THESE, ALONG WITH THE DEFENDANTâS DRIVER'S LICENSE, LICENSE PLATE, AND DECAL, WERE SEIZED, AND TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. |