A Gainesville Police Department Office observed a vehicle without a taillight traveling down West University Avenue, Gainesville, Florida. The Officer stopped the vehicle after it turned left onto SW 2nd Avenue. The Officer immediately noticed that the driver had bloodshot, watery eyes, dilated pupils, and a alcoholic odor emanating from his vehicle.
The Officer asked the driver to perform field sobriety exercises and the driver complied. During the HGN exercise, the driver lacked smooth pursuit in both eyes and displayed sustained Nystagmus at maximum deviation. During the walk and turn exercise, missed the heel-to-toe once. The Driver performed satisfactorily on the finger to nose exercise. The Officer arrested the driver and transported him the Gainesville Police Department breath test center. At the breath test center, the driver agreed to supply a breath sample and blew .077 g/210L and .076g/210L respectively. The driver was charged with DUI.
The driver hired Meldon law. The attorneys at Meldon filed suppression motions to suppress the driver’s arrest and, later, the driver was able to plead to a reduced charge of Reckless Driving with alcohol.
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. (Date of Arrest: April 9, 2013)