A driver entered a DUI checkpoint and was observed having signs of impairment. The driver was asked to complete field sobriety exercises and the driver performed poorly.
During the horizontal gaze nystagmus exercise, the driver had a distinct nystagmus at maximum deviation in both eyes and lacked smooth pursuit in both eyes. During the walk and turn exercise, the driver stopped to steady himself, missed heel-to-toe steps on every step, and turned incorrectly. During the one leg stand exercise, the driver swayed while balancing. During the finger-to-nose exercise, the driver failed to point forward and missed the tip of his nose with his index finger.
The driver was arrested for DUI and following implied consent, provided breath samples of 0.066g/210L and 0.062g/210L. (Date of Arrest: August 20,2011) The driver was under 21 years of age. Following Miranda, the driver stated he smoked marijuana prior to leaving his home, that he was recently released from rehabilitation for a pill problem, and that he smokes marijuana daily.
The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office to reach a favorable plea agreement. The driver was able to have adjudication withheld for his plea to the reduced charge of Reckless Driving with Alcohol. The driver was able to receive the minimal penalties for these charges as a result of the negotiated plea agreement.