Gainesville Police Department officers responded to a one-vehicle crash, where the driver collided twice with the curb before coming to rest alongside the curb. Officers noted that the driver’s front right tire axle had been damaged from impact and found the driver standing across the street with her friends that she had called after the accident. Upon making contact, officers reported that the driver smelled of alcohol and had bloodshot and watery eyes. After the traffic investigation was complete, the driver claimed to have swerved because she believed another car was coming into her lane. She also admitted to have just left a lounge, where she had consumed two mixed drinks.
The driver consented to field sobriety exercises. She swayed and couldn’t keep her head still during the HGN test and also displayed lack of smooth pursuit and sustained nystagmus at maximum deviation in both eyes. She failed to keep her balance during the walk-and-turn, counted incorrectly, and placed her foot down during the one-leg stand. Finally, she failed to touch the tip of her nose during the finger-to-nose test.
Upon her arrest, she consented to a breath test and blew .159g/210L and .146g/210L. She retained Meldon Law. The State offered a plea bargain, wherein the driver would plead guilty to DUI, serve probation, attend DUI school, pay fines, and perform community service hours. However, our attorneys secured the lesser charge of Reckless Driving with Alcohol and the driver successfully completed the requirements of probation.