| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR08105650) DID KNOWING HIS DRIVER'S LICENSE OF DRIVING PRIVILEGE HAD BEEN CANCELLED SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2) AND DID BEING THE OWNER OR OPERATOR OF A MOTOR VEHICLE, DRIVE ON A HIGHWAY IN THE STATE OF FLORIDA FAIL TO OBTAIN AND REGISTER THE VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 320.02(1) ON 100808, I WAS DISPATCHED TO THE PROGRESS ENERGY POWER PLANT IN REFERENCE TO A WHITE MALE, WHO HAD A GOATEE AND A SHAVED HEAD DRIVING A BLUE CHEVROLET S-10 PICKUP TRUCK WHICH HAD NO TAG. IT WAS REPORTED THE DEFENDANT DROVE HIS VEHICLE UP TO THE GUARD GATE AND WHEN ASKED BY THE SECURITY GUARD WHAT HE NEEDED, THE DEFENDANT ADVISED HE WAS TRYING TO GET TO "DUNN." AT THAT TIME, THE DEFENDANT BACKED HIS VEHICLE OUT OF THE ENTRANCE AREA AND LEFT THE SCENE. WHILE EN ROUTE TO THE POWER PLANT, LIEUTENANT (LT) VITT AND I NOTICED A BLUE PICKUP TRUCK SITTING IN THE PARKING LOT OF THE SHELL GAS STATION ON US HIGHWAY 19 NORTH. UPON PULLING UP TO THE VEHICLE, I COULD SEE SOME MOVEMENT IN THE CAB AREA OF THE VEHICLE. WHEN I PULLED IN BEHIND THE VEHICLE, I DID NOT OBSERVE ANY KIND OF A TAG ON THE VEHICLE. AS I APPROACHED THE VEHICLE I MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO WAS AT THAT TIME SITTING IN THE PASSENGER SEAT. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE, AT WHICH TIME WE STEPPED TO THE REAR OF THE DEFENDANT'S VEHICLE AND ASKED HIM TO PROVIDE ME WITH SOME IDENTIFICATION. AS THE DEFENDANT DID THIS, I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. THE DEFENDANT WAS ALSO UNSTEADY ON HIS FEET AND IMMEDIATELY PLACED HIS HANDS IN THE AIR. WHEN I INFORMED HIM HE COULD PUT HIS HANDS DOWN AND RELAX, THE DEFENDANT INFORMED ME THAT IN CLEVELAND HE WOULD BE TASERED IF HE PUT HIS HANDS DOWN. AFTER A COUPLE OF ATTEMPTS, I FINALLY CONVINCED THE DEFENDANT TO PUT HIS HANDS IN HIS LAP AND RELAX. AT THE SAME TIME AS I PULLED UP TO THE VEHICLE, LT VITT PULLED UP TO THE DRIVER SIDE DOOR AND SHINED HIS LIGHT DIRECTLY INSIDE OF THE CAB. LT VITT ADVISED ME THAT HE OBSERVED THE DEFENDANT IN THE DRIVER'S SEAT AND UPON OUR ARRIVAL HE OBSERVED THE DEFENDANT CHANGE POSITIONS AND MOVE INTO THE PASSENGER SEAT. I ASKED THE DEFENDANT IF HE KNEW WHERE HE WAS COMING FROM, TO WHICH HE STATED HE AND A BUDDY (WHO THE DEFENDANT SAID HAD TAKEN OFF INTO THE WOODS) WERE GOING TO MEET A COUPLE OF GIRLS. HE SAID WHEN THEY SAW SOME FLASHING LIGHTS, HIS BUDDY, WHO WAS SUPPOSEDLY DRIVING, GOT SCARED AND DROVE OFF, THEN PARKED IN THE SHELL GAS STATION. THE DEFENDANT THEN PROVIDED ME WITH AN OHIO IDENTIFICATION CARD (RQ196159.) I ASKED HIM IF HE HAD A DRIVER'S LICENSE, TO WHICH HE STATED IT WAS SUSPENDED OUT OF OHIO BUT THAT HE HAD TAKEN CARE OF IT AND THE ONLY THING HE HAD TO DO WAS PAY THE REINSTATEMENT FEE. I RETURNED TO MY PATROL VEHICLE AND RAN A DRIVER'S LICENSE CHECK OUT OF OHIO AND FLORIDA. OHIO SHOWED THE DEFENDANT ONLY HAD AN IDENTIFICATION CARD. FLORIDA SHOWED THE DEFENDANT DID HAVE A FLORIDA DRIVER'S LICENSE WHICH WAS SUSPENDED ON 070507 IN REFERENCE TO VIOLATION OF STATUTE 322.058, FOR SUPPORT DELINQUENCY. THE REQUIREMENT WAS MET BUT THE LICENSE WAS STILL SUSPENDED, REFERENCE THE FEE NOT HAVING BEEN PAID. IT ALSO SHOWED THAT NOTICE HAD BEEN GIVEN. I MADE CONTACT WITH THE DEFENDANT AGAIN AND READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PREPRINTED CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND WOULD CONTINUE TO SPEAK WITH ME. I AGAIN ASKED THE DEFENDANT IF HE HAD BEEN DRIVING IN THE AREA OF THE POWER PLANT, TO WHICH HE STATED NO. I INFORMED HIM WHY WE WERE THERE, WHICH WAS IN REFERENCE TO HIM DRIVING HIS VEHICLE AT THE POWER PLANT. THE DEFENDANT STILL CONTINUED TO DENY HE HAD BEEN AT THE POWER PLANT. HE ALSO DENIED THAT HE HAD BEEN DRIVING THE VEHICLE AS LT VITT HAD STATED HE SAW THE DEFENDANT IN THE DRIVER SEAT WHEN WE ARRIVED. THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, AS HE WAS IN ACTUAL, PHYSICAL, CONSTRUCTIVE POSSESSION OF HIS MOTOR VEHICLE. UPON RUNNING THE VEHICLE IDENTIFICATION NUMBER (VIN) ON THE VEHICLE, IT SHOWED THERE WAS NO TAG ASSIGNED TO THE VEHICLE. WHEN I ASKED THE DEFENDANT ABOUT THIS, HE STATED IT WAS NOT STOLEN BUT THAT HE HAD PURCHASED THE VEHICLE FROM A THIRD PARTY IN OCALA BUT HE HAD NOT REGISTERED IT. HE STATED THE ONLY REASON HE WAS OUT WAS BECAUSE HE WAS MEETING A GIRL TONIGHT. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY. WHILE GETTING THE VIN OFF THE VEHICLE AND RETURNING TO MY PATROL VEHICLE, I NOTICED THAT THE DEFENDANT HAD GOTTEN HIS HANDS FROM BEHIND HIS BACK AND IN FRONT OF HIS PERSON, AT WHICH TIME THE DEFENDANT WAS HANDCUFFED AGAIN, BEHIND HIS BACK, AND SECURELY SEAT BELTED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN RESPONDED TO THE GUARD STATION AT THE POWER PLANT AND MADE CONTACT WITH THE ORIGINAL COMPLAINANT. I ASKED THE COMPLAINANT WHAT HAD HAPPENED AND PROVIDED HIM WITH A STATEMENT FORM. THE COMPLAINANT DESCRIBED THE SUBJECT AND HIS VEHICLE, LOOKED INTO THE REAR SEAT OF MY PATROL VEHICLE, AND ADVISED ME THAT THE SUBJECT IN MY PATROL VEHICLE WAS DRIVING THE VEHICLE. THE COMPLAINANT ALSO STATED HE WAS THE ONLY PERSON IN THE VEHICLE. WHILE EN ROUTE TO THE DETENTION FACILITY, IN THE AREA OF STATE ROAD 44 AND COUNTY ROAD 490, THE DEFENDANT ASKED HOW MUCH LONGER IT WOULD BE. THE DEFENDANT STATED HE WAS VERY DRUNK AND READY TO PASS OUT. HE ALSO MADE THE STATEMENT THAT HE WAS IN THE WRONG AND SHOULD NOT HAVE BEEN DRIVING WHILE HE WAS DRUNK OR WHILE HE DID NOT HAVE A VALID LICENSE ALLOWING HIM TO DRIVE. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS BOOKED, PROCESSED AND CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED, KNOWINGLY, WITH A BOND OF $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH ONE COUNT OF DRIVING AN UNREGISTERED MOTOR VEHICLE WITH A BOND OF $250.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 8906-RHU FOR DWLS AND CITATION NUMBER 8907-RHU FOR UNREGISTERED MOTOR VEHICLE, BOTH WITH A CRIMINAL COURT DATE OF 102308 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. *NOT-EXEMPT* |
