A University of Florida police officer observed a vehicle traveling 48 mph in a 30 mph speed zone on SW 13th Street, Gainesville, Florida. The officer noticed that the driver had a strong odor of alcohol, glassy eyes, and slurred speech. The driver appeared to be confused and asked officers multiple times to explain why she was stopped.
During the horizontal gaze nystagmus exercise the driver lacked smooth pursuit in both eyes. During the walk and turn exercise the driver did not count out loud as instructed and stepped off the line multiple times. The driver was unable to complete the walk and turn exercise. The driver also failed to complete the one leg stand exercise and performed poorly on the finger-to-nose exercises.
The driver was placed under arrest for DUI and transported to the University of Florida police department to provide a breath sample. (Date of Arrest: January 9,2012) While in the University of Florida police department holding area, the driver pulled her left hand free from the handcuffs and attempted to free her right hand while physically resisting the officer’s efforts and ignoring verbal commands. The driver refused to submit to a breath test and was charged with DUI and Resisting Arrest without Violence.
The driver retained Meldon Law. We were able to negotiate with the State Attorney to withhold adjudication for the charge of Resisting Arrest without Violence and were able to reduce the DUI charge to reckless driving.
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.