A Gainesville Police Department officer was dispatched to a location in reference to a single vehicle accident. A homeowner informed the officer that the driver had crashed her vehicle into the fence in his yard. The homeowner stated the driver exited the vehicle and began walking away. The homeowner pointed to the driver who was approximately two blocks down the road. When the officer made contact with the driver she was stumbling, had bloodshot, watery eyes, slurred speech, and smelled strongly of alcohol. The driver immediately claimed she wasn’t driving, although she was holding a pair of car keys in her hand that were later determined to belong to the crashed vehicle. After returning to the scene for the investigation, the driver stated she was going to move her vehicle. When the officer tried to stop her, she punched him in the chest.
The officer completed the traffic crash investigation and proceeded to the DUI investigation. After being read her Miranda Rights, the driver refused to submit to field sobriety exercises. The officer read her implied consent, but the driver refused to provide breath samples. This was the driver’s second refusal to provide breath samples.
The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office. The State originally offered a plea which included 90 days in jail. After talks with the State Attorney’s office, the driver was able to plea to the charges and avoid serving any jail time. The driver was required to wear a SCRAM bracelet, which measures alcoholic content of sweat for one year, with the possibility of modifying the sentence after six months to remove the bracelet. We prepared a motion to the judge to request removal of the bracelet and our motion was granted.