A driver was observed driving 52 mph in a 40-mph zone and weaving between lanes. Upon making contact with the driver, Gainesville Police Department officers noted the strong smell of alcohol and the driver admitting to consuming “two shots” that evening. She consented to perform field sobriety exercises and exhibited lack of smooth pursuit, distinct jerking, and nystagmus prior to 45 degrees in both eyes. She failed to maintain balance and touch heel-to-toe during the walk-and-turn exercise She also could not maintain her balance or a raised foot during the one-leg stand. Additionally, she could not follow directions during the finger-to-nose test.
The driver was arrested for DUI, consented to take a breath test, and blew .176g/210L and .177g/210L. The State Attorney was willing to stipulate to a charge of DUI above .08g/210L but below .15g/210. The attorneys at Meldon Law however, successfully petitioned for Deferred Prosecution on behalf of the driver. Upon completing the various requirements of Deferred Prosecution program, including fines, DUI school, and community service, the driver’s charges were reduced to Reckless Driving with Alcohol.