A Gainesville Police Department officer observed a vehicle run a stop sign. The officer stopped the vehicle and made contact with the driver. The officer requested the driver’s license, insurance, and registration. During this time, the officer noticed that the driver smelled of an alcoholic beverage and had bloodshot, watery eyes. When another officer arrived for backup, the driver was asked to exit his vehicle. The driver attempted to exit, but fell into the door of his vehicle while he stood up. The officer requested field sobriety exercises, but the driver refused to perform the exercises. The officer placed the driver under arrest for DUI based on the driving pattern, odor of alcoholic beverage coming from the facial area, the bloodshot and watery eyes, and the failure to exit his vehicle without falling.
The driver provided breath samples, and blew 0.186g/210L and 0.186g/210L. The driver was issued citations for DUI and also for running the stop sign.
The driver retained Meldon Law and we were able to enroll him in a deferred prosecution program. After successfully completing the program, the driver was allowed to plea to the reduced charge of Reckless Driving with Alcohol and have the adjudication of guilt withheld. The driver received the minimal penalties for this charge as a result of the deferred prosecution agreement.