| Probable cause affidavit: |
SUBMITTED BY: TABB, LYNN 0418 (AR11123340) DID, KNOWING HIS DRIVER'S 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 THE FLORIDA STATE STATUTE 322.34(2)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: EIGHT OXYCODONE PILLS WITHOUT A PRESCRIPTION, IN VIOLATION OF THE FLORIDA STATE STATUTE 893.13(6)(A). ON 102811, I WAS ON PATROL IN THE AREA OF FORT ISLAND TRAIL AND HIGHWAY 19, AT WHICH TIME, I VIEWED THE DEFENDANT, MR RICHARD KELLY, DRIVING A 1997 MERCURY TWO DOOR BEARING LICENSE PLATE NUMBER M788UK, WEST BOUND ON FORT ISLAND TRAIL. THE VEHICLE WAS DOING 30 MPH IN A 45 MPH ZONE. I VIEWED THE VEHICLE CROSS THE CENTER LINE TWICE IN TO THE ONCOMING TRAFFIC. I VIEWED THE VEHICLE CROSS THE FOG LINE THREE TIMES. AT THAT TIME, I CONDUCTED A TRAFFIC STOP ON THE VEHICLE, AND MADE CONTACT WITH THE DEFENDANT WHO WAS DRIVING THE VEHICLE. THE DEFENDANT PROVIDED ME WITH HIS FLORIDA IDENTIFICATION CARD, AND ADVISED ME THAT HIS LICENSE HAD BEEN SUSPENDED. I CONDUCTED A SEARCH FOR THE DEFENDANT IN "DAVID" AND OBSERVED THAT HIS LICENSE HAD BEEN REVOKED. I CONFIRMED THIS THROUGH THE CITRUS COUNTY SHERIFF'S OFFICE TELETYPE. I THEN MADE CONTACT WITH THE DEFENDANT AGAIN, AT WHICH TIME, HE ADVISED ME THAT HE KNEW THAT HIS LICENSE HAD BEEN REVOKED, BUT STATED THAT IT HAD BEEN DONE IN A "KANGAROO COURT". I THEN CONDUCTED A PAT DOWN SEARCH OF THE DEFENDANT, INCIDENT TO THE ARREST, AT WHICH TIME, I LOCATED A BLACK ONE TOUCH ULTRA TEST STRIP BOTTLE IN THE DEFENDANT'S LEFT FRONT PANTS POCKET. THE DEFENDANT STATED THAT THE EIGHT PILLS INSIDE WERE LIVER MEDICATION. AT THAT TIME I EXAMINED THE PILLS AND CONFIRMED THE DRUG MARKINGS AND DISCOVERED THAT THEY WERE ACTUALLY OXYCODONE. THE DEFENDANT DID NOT HAVE A PRESCRIPTION FOR THIS MEDICATION. I IMPOUNDED THE PILLS AND TURNED THEM OVER TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DEPARTMENT. THE DEFENDANT STATED that HE DID NOT HAVE A PRESCRIPTION FOR THIS MEDICATION. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED), AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT REQUESTED THAT HIS VEHICLE BE LOCKED AND LEFT AT THE SCENE THE DEFENDANT WAS ISSUED WARNING CITATION NUMBER 228196B FOR FAILURE TO MAINTAIN A SINGLE LINE, AND HE WAS ALSO ISSUED CRIMINAL CITATION FOR DRIVING WHILE LICENSE REVOKED (DWLR) CITATION 7674-GJX-1 WITH A MANDATORY COURT DATE OF 111711 AT 1300 HOURS. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $10,500.00, PER THE BOND SCHEDULE. AFFIANT HAD NO PRIOR KNOWLEDGE OF THIS CASE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
