| Probable cause affidavit: |
SUBMITTED BY: CLOUD, TOD FHP1976\t(AR16-18886) 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), AND DID DRIVE A MOTOR VEHICLE UPON A HIGHWAY IN THE STATE OF FLORIDA WITHOUT HAVING A VALID DRIVER'S LICENSE AUTHORIZING HIM TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 322.03(1). ON 040216, AT APPROXIMATELY 1034 HOURS, I STOPPED THE DEFENDANT, MR MICHAEL JOSEPH CUNDIFF, FOR NOT WEARING A SAFETY BELT IN the INTERSECTION OF U S HIGHWAY 19 AND STATE ROAD 44. UPON STOPPING THE DEFENDANT ON STATE ROAD 44 AT NE 8TH AVENUE IN CRYSTAL RIVER, THE DEFENDANT HANDED ME HIS FLORIDA IDENTIFICATION CARD. I ASKED HIM IF HIS DRIVER'S LICENSE WAS SUSPENDED and IF HE ONLY HAD AN IDENTIFICATION CARD. HE STATED "NO, I NEVER HAD A DRIVER'S LICENSE." THE DEFENDANT WAS DRIVING A 2015 WHITE NISSAN VEHICLE, WHICH WAS A RENTAL VEHICLE FROM HERTZ VEHICLES LLC OUT OF ORLANDO. UPON A COMPUTER CHECK OF THE DEFENDANT'S DRIVING RECORDS SAID CHECK FOUND HE HAD TWO SUSPENSIONS FOR COURT finANCIAL OBLIGATIONS, ONE IN 2014 AND ONE IN 2015. HE ALSO HAD THREE FAILURE TO PAY TRAFFIC FINES IN 2014. AT APPROXIMATELY 1044 HOURS, THE DEFENDANT WAS PLACED UNDER ARREST FOR NO VALID DRIVER'S LICENSE AND DRIVING WHILE LICENSE SUSPENDED. HE WAS PLACED IN the BACK SEAT OF MY PATROL VEHICLE WITH ONE SET OF CUFFS, DOUBLE LOCKED. AFTER A FEW MINUTES, THE DEFENDANT COMPLAINED THAT his CUFFS WERE TOO TIGHT. THE DEFENDANT WAS THEN TAKEN OUT OF THE VEHICLE AND A SECOND SET OF CUFFS WERE PLACED ON HIM. THEY WERE ALSO DOUBLE LOCKED. THE DEFENDANT WAS THEN PLACED BACK IN THE PATROL CAR AND SEAT BELTED IN. THE VEHICLE HE WAS DRIVING WAS OCCUPIED BY TWO FEMALES WHO ALSO DID NOT HAVE IDENTIFICATIONS OR A DRIVER'S LICENSE. THE TWO FEMALES, MS JESSICA A EGGLETTON WITH DATE OF BIRTH OF 062889 AND MS HOLLY ANN SMITH WITH DATE OF BIRTH OF 120487, WERE ALSO CHECKED FOR A DRIVER'S LICENSE, WHICH OF THEM HAD. JESSICA WAS THE GIRLFRIEND OF THE DEFENDANT. THE PERSONAL PROPERTY, CELL PHONES, AND BACKPACK WERE TURNED OVER TO HER. THE VEHICLE THE DEFENDANT WAS DRIVING WAS REMOVED FROM the SCENE BY KNIGHTLY AUTO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE JAIL, the DEFENDANT WAS ISSUED THREE UNIFORM TRAFFIC CITATIONS, CITATION NUMBER A53E7SE FOR NOT BEING SEAT BELTED IN, CITATION NUMBER A53E7TE FOR NEVER BEING ISSUED A DRIVER'S LICENSE, WITH A BOND AMOUNT OF $500.00, AND CITATION NUMBER A53E7UE FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED, WITH A BOND AMOUNT OF $500.00. THE DEFENDANT WAS GIVEN A TRAFFIC COURT DATE OF 042116 AT 1300 HOURS. THE DEFENDANT WAS ALSO ADVISED THAT UPON RELEASE FROM the JAIL IF HE WAS GIVEN A NEW COURT DATE THAT WOULD BE the COURT DATE THAT he WOULD SHOW UP FOR. FHP CASE NUMBER: FHPC160FF034099 |
