Alachua County Driver’s DUI Reduced to Reckless Driving
A Florida Highway Patrol Trooper was conducting traffic enforcement on State Road 26 and State Road 121 and observed a yellow two-door car traveling at a high rate of speed. The Troopers radar clocked the vehicle at 55 miles per hour in a 35 mile per hour zone. The Trooper then conducted a traffic stop on the vehicle and began to speak with the driver. While speaking with the driver the Trooper noticed the odor of alcohol coming from the vehicle. Based on the Trooper’s observations, he asked the driver if he would agree to perform field sobriety exercises (FSE’s) which the driver agreed to perform. After the completion of the FSE’s the driver was placed under arrest and transported to the Alachua County jail to provide a breath sample. When asked to provide a breath sample the driver elected not to give one.
The driver hired Meldon Law. The attorney at Meldon Law reviewed the discovery in the case and noticed multiple issues with the officer’s DUI investigation. The attorney from Meldon Law then spoke with the prosecutor about the possibility for the driver to be accepted into the diversion program. The driver was denied acceptance into the program. The attorney then spoke with the prosecutor about potential motions that could lead to the suppression of evidence in the State’s case. The attorney was able to negotiate a plea that allowed for the DUI offense to be reduced to reckless driving with alcohol, the client was able to avoid having his license suspended again, and also the civil citation for speeding was dismissed.
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: May 12, 2021).