A Gainesville Police Department officer apprehended a driver for traveling 57 mph in a 40 mph-zone. The driver initially passed several places to stop before pulling over. Upon making contact, the officer noted the odor of alcohol emanating from the driver and that he was wearing several bar wrist-bands. Further, the driver appeared “uneasy on his feet” as he approached the officer’s vehicle.
The driver agreed to perform field sobriety exercises. During the HGN test, he could not keep his head still. He failed to walk heel-to-toe and had to be reminded several times not to start before instructed to do so during the walk-and-turn test. Further, he failed to count out loud during the entirety of the one-leg stand and twice failed to touch his nose during the finger-to-nose test.
The driver was placed under arrest for DUI and did not consent to a breath test. (Date of Arrest: August 18, 2011) The State offered a plea deal of an adjudication of guilty for the DUI, with the requirements of a fine, DUI school, and community service. After retaining Meldon Law, the driver was charged only with Reckless Driving with Alcohol. Further, the judge granted a motion for early termination of probation.