A Gainesville Police Department officer clocked a truck’s speed at 66mph in a 30mph zone. The officer observed the truck weaving around other vehicles traveling on the roadway. The officer pulled the vehicle over and was joined by another officer who had clocked the same vehicle traveling 71mph in a 35mph zone.
Upon making contact with the driver, the officer immediately noted the odor of alcohol emanating from inside the truck. The officer had the driver step out of the truck and observed a moderate smell of alcohol coming from the driver’s breath as he spoke. The driver had glassy, watery, bloodshot eyes and mumbled while he spoke. The officer conduced field sobriety exercises and the driver performed poorly.
During the horizontal gaze nystagmus exercise, the driver lacked smooth pursuit in both eyes and his eyes jerked at maximum deviation and prior to 45 degrees. The driver attempted to start the walk and turn exercise before instructed to do so, missed the number of steps, turned improperly, and stopped to steady himself throughout the exercise. The driver swayed while standing for directions before the one leg stand and during that exercise the driver was 11 seconds short of a normal count. During the finger to nose exercise the driver missed the tip of his nose on two attempts. The driver was arrested and agreed to provide breath samples. The driver blew 0.143g/210L and 0.144g/210L.
The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office. The driver had no prior DUI charges on his record, which enabled us to secure the minimum penalties associated with a DUI. Additionally, the State Attorney’s office and court agreed to terminate the driver’s probation after six months if he successfully completed the required driving courses, community service, and pays all of the fines. The driver was able to complete all of these requirements and have his probation terminated early.