Deferred Prosecution Program Results in Reduced Charge of Reckless Driving with Alcohol After GPD DUI Arrest

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.

A Gainesville Police Department officer stopped a vehicle for failing to utilize her headlights at night. Upon making contact, the officer noted the smell of alcohol and asked how much alcohol the driver had consumed. In response, she claimed to have had no alcohol that evening. However, she agreed to perform field sobriety exercises. She displayed lack of smooth pursuit and distinct nystagmus at maximum deviation in both eyes during the HGN tests. She began the walk-and-turn prior to being instructed and failed to adequately touch heel-to-toe. She swayed and forgot to count out loud during the one-leg stand and failed to touch the tip of her nose with her finger on all attempts during the finger-to-nose exercise. 

She agreed to provide breath samples and blew .132g/210L and .139g/210L. Attorneys at Meldon Law were able to negotiate with the State Attorney’s Office and the driver was admitted into the Deferred Prosecution program. Her successful completion resulted in the reduced charge of Reckless Driving with Alcohol. (Date of Arrest: September 24, 2011)