An officer with the Alachua County Sheriff’s Office received a civilian complaint about a reckless driver who was passing cars and driving into oncoming traffic. Officers responded and observed the driver speeding and weaving within his lane and between lanes without using turn signals. The officer initiated a traffic stop, whereupon the driver continued to drive slowly before exiting and proceeding through a stop sign. Upon making contact with the driver, law enforcement noted the strong smell of alcohol and inquired as to whether the driver had been drinking. The driver admitted to consuming alcohol.
The driver agreed to perform field sobriety exercises, but allegedly performed poorly. He swayed during the HGN test and exhibited lack of smooth tracking and onset of nystagmus prior to 45 degrees in both eyes. He was unable to keep his leg raised or maintain his balance during the one-leg stand and failed to touch the tip of his nose or return his arms to his sides during the finger-to-nose exercise. He also had difficulty understanding the instructions for the walk-and-turn exercise, stepped off the line, and performed the turn improperly. Following his arrest for DUI, the driver was unable to provide an adequate breath sample and thus was considered as having refused to submit to a breath test.
The driver retained the services of Meldon Law. The State originally offered our client a plea bargain, which included a 30-day jail sentence. However, we were able to negotiate with the State and our client was only required to serve 10 days in jail after being convicted of his second DUI within five years.