The driver struck a disabled vehicle at an intersection. The Gainesville Police Department was already on the scene and attempted to direct the driver around the disabled vehicle. Following the crash, the officers immediately made contact with the driver. The driver appeared conscious but was unresponsive. The driver was transported to the hospital for medical attention. A 1.75L open bottle of alcohol was in plain view in the back seat of the driver’s vehicle.
Officers made contact with the driver at the hospital and the driver was read her Miranda rights but was not able to stay awake or respond to questions. The next day the driver was contacted for follow-up questions regarding the DUI investigation. The driver was again read her Miranda rights and agreed to answer questions. The driver admitted to having mixed drinks on the day of the crash and that she was also taking prescription medications. The driver allowed for the release of her medical records and it was discovered that her BAC was 0.36 when she was treated for the crash.
The driver retained Meldon Law and we were able to reach a negotiated plea with the State Attorney’s office to the minimum fines and penalties associated with a second DUI conviction.