A law enforcement officer visually estimated a driver who was speeding 15 miles per hour over the limit and confirmed those suspicions with a radar gun. The driver reportedly drove over a curb while making a left turn to stop for law enforcement. The officer noticed a bar wristband on the driver’s wrist, which the driver claimed he received from a local bar. He displayed bloodshot eyes, slurred speech, and uneasiness on his feet. Additionally, the smell of alcohol emanated from his person and he admitted to consuming two beers that evening. A passenger who had accompanied the driver to a football game that day corroborated his statement.
The driver agreed to perform field sobriety exercises. He exhibited lack of smooth pursuit and jerking at maximum deviation in both eyes. During the walk-and-turn test, he took an excessive number of steps, failed to maintain a heel-to-toe pattern, and had difficulty remaining on the line. Further, he did not raise his foot sufficiently high during the one-leg stand and placed his foot down on one occasion. After being placed under arrest, the driver refused to consent to a breath test.
Upon hiring Meldon Law, the driver was deemed qualified to participate in the Deferred Prosecution program. The deferred prosecution program reduces the charge of DUI to reckless driving with alcohol upon completion.