| Probable cause affidavit: |
SUBMITTED BY: DERA, MARK 0688 (AR11121190) 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 WITH KNOWLEDGE, IN VIOLATION OF FLORIDA'S STATE STATUTE 322.34(2)(A). ON 061011 AT APPROXIMATELY 1500 HOURS I OBSERVED A SILVER MERCEDES TRAVELING EASTBOUND ON NORTHEAST CRYSTAL STREET IN CRYSTAL RIVER WITH THE DRIVER AND PASSENGER BOTH NOT WEARING THEIR SEAT BELTS. I CONDUCTED A TRAFFIC STOP OF THAT VEHICLE IN FRONT OF 661 NORTHEAST CRYSTAL STREET. I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR SHANE WESTMAN, ASKED HIM FOR HIS DRIVER'S LICENSE, REGISTRATION AND INSURANCE CARD, WHICH HE WAS ABLE TO PRODUCE ALL THREE ITEMS. I INSTRUCTED HIM ON THE VIOLATION OF NOT WEARING A SEAT BELT, IN WHICH HE STATED THAT IT WAS ON BUT TUCKED UNDER HIS SHOULDER. ALSO THE PASSENGER, HIS BROTHER, DID NOT HAVE A SEAT BELT ON. I CONDUCTED A FCIC/NCIC CHECK WHICH SHOWED THAT HIS DRIVER'S DRIVER'S LICENSE WAS NOT VALID AS OF 052911 AS IT WAS SUSPENDED FOR A NON JUDGMENT SUSPENSION. I ALSO CONDUCTED A DRIVER AND VEHICLE IDENTIFICATION DATABASE DRIVER'S LICENSE CHECK WHICH SHOWED THAT HIS LICENSE WAS LAST SUSPENDED ON 052911 FOR ACCIDENT WITHOUT ACCIDENT LIABILITY INSURANCE. THE NOTICES WERE GIVEN ON 092809 AND ON 101908. THE DEFENDANT ALSO HAS FOUR PREVIOUS SUSPENSIONS FOR FAILURE TO PAY TRAFFIC FINE AND FOR SUSPENSION OF PIP CANCELLATION. I MADE CONTACT WITH THE DEFENDANT, AND ASKED HIM IF HE KNEW HIS LICENSE WAS SUSPENDED, TO WHICH HE STATED THAT HE THOUGHT HE TOOK CARE OF THOSE SUSPENSIONS and HE KNEW THAT THEY were FOR HIS CANCELLED INSURANCE POLICY. HE ALSO ADVISED ME THAT THE LICENSE ON HIS REGISTRATION AND INSURANCE ARE INCORRECT THAT HE HAS NOT HAD A CHANCE TO CHANGE THEM AND HE NO LONGER LIVES IN BELLEVIEW FLORIDA AND HAS LIVED IN CITRUS SPRINGS FOR THE PAST TWO MONTHS. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S VEHICLE WAS TURNED OVER to the DEFENDANT'S UNCLE AND BROTHER PER THE DEFENDANT. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. I ISSUED THE DEFENDANT THREE CRIMINAL UNIFORM TRAFFIC CITATIONS, NUMBER 6415GJX2 FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED, NUMBER 6416GJX3 FOR UNLAWFUL USE OF A DRIVER'S LICENSE/POSSESSION OF A SUSPENDED DRIVER'S LICENSE, NUMBER 6417GJX4 FOR FAILURE TO CHANGE ADDRESS ON REGISTRATION WITHIN 20 DAYS. ALL THREE HAVE A MANDATORY COURT APPEARANCE ON 063011 AT 1300 HOURS. I ALSO ISSUED THE DEFENDANT TWO WRITTEN WARNINGS NUMBER 325428B FOR SEAT BELT VIOLATION AND 235429B FOR FAILURE TO CHANGE ADDRESS ON DRIVER'S LICENSE. I ALSO GAVE HIS BROTHER/PASSENGER A VERBAL WARNING FOR NOT WEARING HIS SEAT BELT. "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 your are hearing or voice impaired, call 711.” *not-exempt* |
