Palatka DUI Charge Reduced
A Palatka Police Department Officer conducted a traffic stop on a white Ford Mustang on Reid St. While speaking with the driver the officer noticed an odor of an alcoholic beverage coming from the driver’s breath. The driver also admitted to drinking alcohol before being pulled over. Another Palatka Police Department officer responded to the scene to begin a DUI investigation and asked the driver to perform field sobriety exercises. The first exercise that the officer had the driver perform was the horizontal gaze nystagmus exercise, the officer’s report noted that the driver displayed 6 out of 6 clues, including distinct and sustained nystagmus at maximum deviation in both eyes as well as nystagmus prior to the onset of 45 degrees in both eyes. The officer also noted that the driver displayed 5 out of 8 clues on the walk and turn exercise. Ultimately, the driver was placed under arrest and taken to the Putnam County Jail where she was asked to submit to a breath test. The driver agreed to provide a breath sample that showed a breath alcohol level (BAC) of .189 and .186.
The driver hired Meldon Law. The attorney at Meldon reviewed the discovery in the case and noticed issues in the investigation that could lead to the suppression of evidence, mainly the field sobriety exercises. The attorney reached out to the prosecution on these potential motions and issues which resulted in being able to negotiate a resolution where the charge would be reduced to reckless driving with alcohol and the driver would receive a withhold of adjudication on one charge avoiding a conviction.
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. (Date of Arrest: October 10, 2021).