A Gainesville Police Department officer observed a vehicle turn the wrong way down a one-way street and proceeded to conduct a traffic stop. Upon making contact with the driver, the officer observed a strong odor of alcohol. The officer noted that the driver was mumbling and requested that the driver exit the vehicle.
While exiting the vehicle, the driver was unsteady on his feet. The officer proceeded to conduct a series of field sobriety exercises. The officer had the driver perform the horizontal gaze nystagmus exercise, walk and turn exercise, one leg stand exercise, and finger-to-nose exercise. The driver failed to perform satisfactorily on the field sobriety exercises and was arrested for DUI. Following implied consent, the driver agreed to provide a breath sample. The driver blew a 0.209g/210L and 0.205g/210L.
The driver retained Meldon Law and we were able to reach a favorable agreement with the State Attorney’s office. The State originally wanted to have the driver plea and be adjudicated guilty for DUI, but we were able to reduce the charges to reckless driving with alcohol and allow the adjudication of guilt to be withheld. The driver was able to receive minimal penalties for this offense.