Gainesville Police Department Officers observed a vehicle traveling at a high rate of speed attempt to turn down a blocked road. The driver then parked his car and officers made contact. The driver had watery, bloodshot eyes, and the strong odor of alcohol. During the HGN exercise, the officers noticed a lack of smooth pursuit and distinct nystagmus at maximum deviation was evident in both eyes. During the walk-and-turn exercise, the driver had difficulty maintaining his balance without using his arms, took the wrong number of steps, and made improper turns. He refused to complete the one leg stand exercise and was unable to properly execute the finger to nose exercises. The driver refused to provide a breath sample and was charged with DUI. This was the driver’s second DUI charge. Following his release the driver was stopped in another county and was charged with driving with a suspended license.
We were able to negotiate with the State Attorney and the driver pled to the reduced charge of reckless driving with alcohol, reducing the fines, eliminating the suspension of his license, reducing his jail time, and eliminating the requirement of an ignition interlock device. Also, the state dismissed a subsequent Driving While License Suspended charge as a result of the negotiated plea.