| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR12-3367) 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). ON 110112, AT APPROXIMATELY 2103 HOURS, I WAS TRAVELING NORTHBOUND ON US HIGHWAY 19, IN THE AREA OF KINGS BAY DRIVE. I DID NOTICE A MOTORCYCLE, BEARING FLORIDA LICENSE PLATE 9934LT, WHICH WAS APPROXIMATELY 50 FEET IN FRONT OF MY VEHICLE. THIS MOTORCYCLE WAS APPROACHING A VEHICLE IN THE RIGHT HAND LANE AT A RAPID RATE OF SPEED. WHEN THE MOTORCYCLE GOT WITHIN FIVE FEET OF THIS VEHICLE, IT ABRUPTLY WENT AROUND THE VEHICLE, PULLING BACK IN FRONT OF IT, AND CAUSING THE VEHICLE TO HIT ITS BRAKES. THE MOTORCYCLE THEN PROCEEDED TO MERGE ONTO HIGHWAY 44, HEADING EASTBOUND. THE MOTORCYCLE THEN WENT AROUND ANOTHER VEHICLE, PASSING IT IN CLOSE PROXIMITY, CAUSING THIS SECOND VEHICLE TO HITS ITS BRAKES AS WELL. AT THAT TIME, I INITIATED A TRAFFIC STOP ON THIS MOTORCYCLE, WHICH PULLED INTO THE PARKING LOT OF THE VILLAGE café IN CRYSTAL RIVER. I APPROACHED THE DRIVER, AND ASKED FOR HIS DRIVER'S LICENSE, AND HE ADVISED THAT HE DID NOT HAVE IT, BUT PROVIDED ME WITH SOCIAL SECURITY CARD, IDENTIFYING HIM AS THE DEFENDANT, MR MICHAEL DAVID NEWCOMER. I DID NOTICE THAT HIS REGISTRATION APPEARED TO HAVE EXPIRED ON SEPTEMBER OF THIS YEAR, AND HE ADVISED THAT HE WAS ON PROBATION FOR DRIVING UNDER THE INFLUENCE (DUI), BUT STATED THAT HE HAD A WORK PERMIT UNDER HIS DRIVERâS LICENSE. HE DID NOT HAVE A HARD COPY OF THIS PERMIT, AND ADVISED THAT HE HAD NOT THOUGHT THAT HE NEEDED TO CARRY ONE AT THAT TIME, I RAN THE DEFENDANTâS INFORMATION THROUGH FCIC/NCIC, AND D.A.V.I.D. THIS REVEALED THAT ON 021112, THE DEFENDANTâS DRIVERâS LICENSE HAD BEEN SUSPENDED FOR SIX MONTHS, FOR DUI, AND THAT HE HAD BEEN ISSUED A PERMIT. IT ALSO SHOWED THAT THE DEFENDANTâS DRIVERâS LICENSE HAD BEEN REVOKED FOR 180 DAYS, ON 071212, FOR DUI PROPERTY DAMAGE; AND THAT THIS WAS SET TO EXPIRE ON 010713. THIS SUSPENSION does not INDICATE THAT A PERMIT WAS ISSUED. IT ALSO SHOWED THAT ON 090412, THE DEFENDANTâS LICENSE HAD AGAIN BEEN SUSPENDED, FOR FINANCIAL RESPONSIBILITY, REFERENCE CONVICTION WITHOUT AUTOMOTIVE LIABILITY, WITH A NOTICE GIVEN ON 073012. I DID PRESENT THIS INFORMATION TO THE DEFENDANT, WHO STATED THAT HE HAD BELIEVED HIS WORK PERMIT WAS STILL IN EFFECT, HOWEVER COULD NOT PROVIDE PROOF OF THIS. I CONFIRMED THAT THE DEFENDANT STILL LIVED AT THE ADDRESS LISTED ON HIS DRIVER'S LICENSE, TO WHICH THE NOTICE HAD BEEN SENT FOR THE LATEST SUSPENSION. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. AT THE DEFENDANTâS REQUEST, HIS MOTORCYCLE WAS LEFT ON SCENE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, HE WAS RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ISSUED CITRUS COUNTY SHERIFF'S OFFICE WRITTEN WARNING, NUMBER 356637B, FOR EXPIRED REGISTRATION AND CARELESS DRIVING. HE WAS ALSO ISSUED FLORIDA CRIMINAL TRAFFIC CITATION, NUMBER 9227GQF9, FOR DRIVING WHILE LICENSE SUSPENDED, WITH A MANDATORY COURT DATE OF 111512, AT 1300 HOURS. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED, WITH A BOND SET AT $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS NOT CHARGED WITH DUI RELATED DRIVING WHILE LICENSE SUSPENDED, DUE TO HIS COOPERATION DURING THIS INVESTIGATION, AND THE FACT THAT HE DOES NOT POSE A THREAT TO THE COMMUNITY, AND HOLDS ACTIVE GAINFUL EMPLOYMENT IN THE COMMUNITY. |
