Clay County Driver Pleas to Reduce Charge
A Clay County Sheriff’s Office (CCSO) deputy observed a vehicle accelerate at a high rate of speed in a 35 mile per hour zone. The deputy also observed that the tag on the vehicle showed was expired. The deputy conducted a traffic stop on the vehicle, and upon speaking with the driver could smell a strong odor of alcohol coming from the driver as he spoke. The deputy also stated that he noticed the driver’s eyes were bloodshot and watery and that his speech was slurred. The deputy then asked the driver to perform field sobriety tests, which the driver agreed to do.
The deputy first asked the driver to perform was the Horizontal Gaze Nystagmus test and stated he observed distinct and sustained nystagmus before the onset of 45 degrees and at maximum deviation. On the walk and turn test, the deputy noted that the driver missed heel to toe, took seven steps instead of nine, that he was very unsteady and used his hands for balance, and made an incorrect turn. On the one-leg stand, the deputy stated that the driver was only able to hold his foot up for 10 of the 30 seconds before losing his balance, and the deputy ended the test.
The driver was placed under arrest for driving under the influence and transported to the Clay County Jail to provide a breath sample. Upon arrival at the jail, another deputy with the Clay County Sheriff’s Office requested the driver provide a sample of his breath, which the driver refused.
The driver hired Meldon Law. The attorneys at Meldon Law were able to successfully negotiate a resolution to the case that called for the DUI to be reduced to the lesser offense of reckless driving involving alcohol. Additionally, the driver, as a part of the reduction in charge, was able to receive a withhold of adjudication.
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. (Date of Arrest: December 22, 2018).