A driver was heading northbound in Gainesville when he veered into oncoming traffic, left the roadway, ran over a tree, and struck a GRU utility pole. When the Gainesville Police Department officer arrived on the scene he made contact with the driver who claimed to have looked down to change a radio station when he lost control of the vehicle. The driver was slurring his words and was not obeying commands.
The Gainesville Police Department officer noticed a moderate smell of alcoholic beverage emitting from the driver, and in addition to the slurred speech, he had bloodshot watery eyes, and stumbled and swayed while walking or standing. The driver was read his Miranda rights and informed the officer that he had 3-5 mixed drinks of scotch earlier that day. The driver had a lack of smooth pursuit in both eyes and a distinct nystagmus at maximum deviation in both eyes. During the walk and turn exercise the driver stepped off the line many times, missed steps, and raised his arms for balance. The driver stated that he was not able to do a one leg stand exercise. During the finger to nose exercise, the driver missed the tip of his nose and failed to point forward twice. After being read implied consent the driver agreed to provide breath samples. The driver blew 0.151g/210L and 0.148g/210L.
After hiring Meldon Law, we were able to negotiate with the State Attorney’s Office to a reduced charge of reckless driving with alcohol based on potential legal issues with the facts of the case. We were able to help the driver reduce the suspension of his driver’s license down to a six-month restriction for business purposes only.