A Gainesville Police Department officer conducted a traffic stop after a vehicle failed to maintain a single lane and ran a stop sign. The officer requested that the driver of the vehicle step back to the officer’s vehicle with his driver’s license for safety. As the driver exited the vehicle, he appeared to be unsteady on his feet and moved slowly. The driver had a difficult time retrieving the driver’s license from his wallet. The officer explained the reason for the stop and noticed a strong odor of an alcoholic beverage coming from the driver’s breath when he spoke. The driver’s eyes were watery and bloodshot and his speech was slurred.
The driver was asked to perform field sobriety exercises at another location, as their current location was not appropriate for the exercises. The driver agreed and rode with the officer to a nearby gas station. The driver performed poorly on the field sobriety exercises and was arrested for DUI. The driver was transported back to his vehicle, which was searched. The search revealed a homemade marijuana pipe. There was also a clear plastic baggie containing a leafy green substance, which appeared to be marijuana. After the officer discovered the substance, the driver stated that it was “all personal use.” The driver was read implied consent and provided two breath samples of 0.115g/210L and 0.108g/210L.
The driver retained Meldon Law and following the filing of a Motion to Suppress we were able to negotiate a favorable plea offer with the State Attorney’s office. The driver entered a plea of no contest to the DUI charges and received the minimum allowable penalties. All of the other charges against the driver were dismissed.