A Gainesville Police Department officer observed a vehicle traveling 58mph in a 45mph zone, 48mph in a 35mph zone, swerving, failing to maintain a single lane, and failing to stop at a stop sign. The officer conducted a traffic stop and upon making contact with the driver, asked her to step back to his patrol car with her driver’s license. The driver had a difficult time locating her license and was unable to locate it after several minutes. The driver exited her vehicle and the officer noticed her hands were trembling. She had a runny nose, swayed back and forth, had twitching in her eyelids, and seemed unsteady on her feet. The officer spoke with the passenger, who had a valid prescription for oxycodone, which was light green in color. The officer noticed that the driver had something light green in color in her nasal cavity.
The driver agreed to perform field sobriety exercises and performed poorly. The driver was arrested for DUI. The officer did not notice any odor of alcohol coming from the driver and believed her impairment was due to a controlled substance. The defendant provided a urine sample for analysis.
The driver retained Meldon Law and we conducted a thorough investigation which revealed a history of medical conditions. The driver had been hospitalized the day before her arrest complaining of possible stroke symptoms. The driver had an independent drug test performed. The driver’s drug tests showed the presence of opiates, which were explained by her own valid prescription of a medication. As a result of our investigation, the State Attorney’s office dropped all charges against the defendant in this case.