Charges: Battery on a Law Enforcement Officer (Two Counts), Depriving a Law Enforcement Officer of their Communication Device

Disclaimer

The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

The driver was traveling west bound when she ran into the back of a stopped vehicle on the roadway. The driver had a difficult time exiting her vehicle and had to be escorted from the roadway for her safety. Following the traffic crash investigation, the Gainesville Police Department officer read the driver her Miranda rights and proceeded to complete field sobriety exercises.  

 

The driver had watery, bloodshot eyes, slurred speech, mumbled words, and was emitting a moderate odor of an alcoholic beverage when she spoke. During the horizontal gaze nystagmus the driver was unable to keep her head still. The driver was unable to follow the directions and when she was asked to touch the tip of the officer’s pen the driver missed before grabbing the pen. The driver was unable to follow the directions for the walk and turn exercise. During the one leg stand directions, the driver still was unable to follow directions and was unable to raise one foot off the ground. The driver was arrested and post Miranda admitted to consuming vodka before driving. The driver attempted to provide breath samples, but was unable to produce adequate air due to stopping and starting her breath.  

The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office. The driver was able to plea to a DUI and despite the crash, was able to receive the minimum penalties plus possible restitution to the accident victim.  

The driver’s vehicle was ordered impounded for ten days, but this would have prevented her husband from getting to work. We filed a motion to the court to enable the driver’s alternative vehicle, which was not in working order, to be the vehicle impounded. The court granted our motion.