A Gainesville Police Department officer observed a black vehicle speeding at the 500 block of NW 13th Street in Gainesville, Florida, at 2:15 a.m. The officer estimated the car to be traveling at 45 mph. Radar detection confirmed the vehicle was traveling at 43 mph in a 30 mph speed zone. The officer initiated a stop at the 1600 block of NW 13th Street. When the officer made contact with the driver he noted an odor of alcohol coming from the driver’s person and breath. The driver had glassy, bloodshot eyes and slurred speech. Additionally, the driver was wearing a wristband that likely came from a bar or nightclub. When the officer asked if the driver was drinking, the driver stated, “Of course, I was at a bar.”
The officer had the driver perform field sobriety exercises, and the driver performed poorly. The driver’s eyes showed a distinct nystagmus during the Horizontal Gaze Nystagmus test. During the Walk-and-Turn Exercise, the driver stepped off of the line during the instructions, missed multiple heel-to-toe steps, and took the wrong number of steps. The driver raised his hands above 6 inches during the One Leg Stand Exercise and had a significant sway. During the Finger-to-Nose Exercise the driver missed the tip of his nose multiple times and opened his eyes during the exercise. The driver was placed under arrest for DUI and transported to the breath test facility. There, the driver provided a breath sample of .160 g/210L and .159 g/210L.
The driver contacted Meldon Law and we were able to negotiate with the State Attorney, which allowed the driver to plea to a DUI charge without the increased penalties for having a BAC over .150 g/210L. (Date of Arrest: January 4, 2014)
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.