Law enforcement responded to a citizen complaint about a driver sleeping in his vehicle, and found the driver asleep at the wheel with the engine on. The responding officer noted that the car was on the curb and that vomit was on the outside of the driver’s door. Upon waking the driver, the officer reported that he had bloodshot and watery eyes, slurred speech, unsteadiness, and smelled of alcohol. The driver’s girlfriend was asleep in the back seat, and told law enforcement that she and the driver had been drinking at a Gainesville bar.
The driver agreed to perform field sobriety exercises, and displayed unsteadiness throughout. He was unable to remain still during the HGN test and follow the stimulus with his eyes only. He used his arms for balance, stepped off the designated line, and did not touch heel-to-toe during the walk-and-turn exercise. He counted incorrectly and could not raise his leg properly during the one-leg stand.
Based on poor performance during the FSE’s, the driver was arrested for being in actual physical control of a vehicle while intoxicated. (Date of Arrest: December 7, 2012) He agreed to perform breath tests, and provided samples of .115g/210L and .116g/210L. Attorneys at Meldon Law successfully sought the driver’s admission into the Deferred Prosecution program. His record will reflect a reduced Reckless Driving charge if he successfully completes the program.
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.