A Gainesville Police Department officer responded to the scene of a hit and run crash. The driver was located, stopped, and stated that she had left her information with the other party and was in a hurry to pick up a family member. During the officer’s interview, the driver was having difficulty speaking in complete sentences and keeping her balance. The driver was placed under arrest and following the officer reading her Miranda rights, the driver stated she was on a number of prescription drugs and could not remember what she had taken. The officer had the driver complete field sobriety exercises.
During the horizontal gaze nystagmus exercise, the driver moved her head multiple times and had a distinct and sustained nystagmus at maximum deviation in both eyes. During the walk and turn, the driver was not able to maintain her balance, walk on the line, or stay steady. The driver failed to take the proper number of steps, turn properly, count aloud, or make heel-toe contact. During the one leg stand, the driver put her foot down five times and was off of the required count by twelve seconds. The driver was arrested and admitted to taking pain pills for her back. The officers read implied consent and requested breath and urine samples, which the driver refused to submit.
The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office. The State originally offered a plea with guilty adjudication to DUI but we were able to reduce the charges to a withholding of adjudication for reckless driving with alcohol.