The driver was observed failing to stop at a stop sign, weaving within her lane, almost losing control of her scooter, and exhibiting difficulty staying upright when stopped at a red light. She was stopped by Gainesville Police Department officers, but had trouble pulling over and maintaining control. In response to the officer’s questioning, the driver claimed she had been driving erratically because she was nervous, as her license was located at a friend’s house.
After observing the driver’s watery eyes and slurred speech and noticing that the smell of alcohol was emanating from her person, the officer requested that she perform field sobriety exercises. The driver exhibited lack of smooth pursuit and sustained nystagmus at maximum deviation prior to 45 degrees in both eyes. During the walk-and-turn exercise, she failed to take the correct number of steps in the heel-to-toe pattern. During the one-leg stand, the driver swayed and counted improperly. She had difficulty touching her nose with her finger during the finger-to-nose test and estimated a 30-second period at approximately 24 seconds during the Rhomberg Balance exercise.
The driver, who was under the age of 21, was arrested for DUI. She consented to a breath test, and blew two samples of .130g/210L and .124g/210L. Attorneys at Meldon Law successfully sought the driver’s admission into the Deferred Prosecution program. The deferred prosecution program reduces the charge of DUI to reckless driving with alcohol upon completion.