A Gainesville Police Department officer visually estimated that a driver was speeding 15 miles per hour over the legal speed limit and the officer confirmed her suspicion with a radar system. She initiated a traffic stop and observed the driver hit the curb when pulling over. Upon making contact with the driver, the officer noted the odor of alcohol. The driver informed the officer that she had been taking a friend home from a bar. The officer requested that the driver perform field sobriety exercises, although the driver maintained that she had not consumed any alcohol, she consented.
The officer began with the HGN test and reported that the defendant displayed a lack of smooth pursuit in both eyes, which were watery and bloodshot. She was unable to maintain her balance and perform the heel-to-toe pattern and also used her arms for balance during the walk-and turn. During the one-leg stand exercise, the driver swayed and could not keep her foot raised. She also missed the lip of her nose twice when performing the finger-to-nose exercise.
The driver was arrested for DUI, but refused to submit a breath sample. The State Attorney consented to the driver’s admission into the Deferred Prosecution program. The deferred prosecution program reduces the charge of DUI to reckless driving with alcohol upon completion.