A Gainesville Police Department officer observed a vehicle going 54mph in a 45mph speed zone. The officer also observed the vehicle weaving within its lane. The officer conducted a traffic stop and upon making contact with the driver, immediately noticed the odor of an alcoholic beverage coming from his person and breath. The driver had glassy, watery, bloodshot eyes and spoke with a thick tongue. The driver stated he was coming from a local bar, was at a Christmas party prior to arriving at the bar, and the driver was wearing a paper wristband typically given at bar entrances. The officer requested that the driver perform field sobriety exercises. The driver agreed to perform the exercises, but performed poorly.
During the horizontal gaze nystagmus exercise, the driver lacked smooth pursuit in both eyes and both eyes jerked at maximum deviation and prior to the 45 degree points. During the walk and turn exercise the driver failed to maintain balance during the directions, stepping off the line. The driver missed heel to toe steps multiple times, stepped off the line, turned improperly, and failed to look at his feet as instructed. During the one leg stand exercise the driver repeated some numbers during counting, failed to look at his raised foot as instructed, and was six seconds off the required count. The driver was placed under arrest and following implied consent agreed to provide breath samples. The driver blew 0.148g/210L and 0.148g/210L.
The driver retained Meldon Law and we were able to enroll him in a deferred prosecution program. The driver was able to successfully complete the deferred prosecution program which allowed him to have adjudication withheld for the reduced charge of Reckless Driving with Alcohol. As a result of the deferred prosecution agreement, the driver received the minimal penalties for the charges.