Result Category: DUI and Criminal Defense

Ocala Driver Suspended License Charge Dropped

DUI and Criminal Defense

A Marion County Sheriff’s deputy observed a 2008 Toyota pickup at the intersection of West Highway 40 and Northwest 110th Avenue and ran a record check that showed that the owner had a suspended license. The deputy observed that the driver of the vehicle matched the description of the owner and conducted a traffic stop. The deputy spoke with the driver of the vehicle who stated that he had received a letter that his driver’s license would be suspended if not taken care of, and the driver further stated that he thought he took care of it. The driver was placed under arrest for driving while license suspended.

The driver hired Meldon Law. The attorneys at Meldon reviewed the driver’s license record of the defendant, which showed the basis of the current suspension as well as the uniform traffic citation. After reviewing the discovery and speaking with the prosecutor, the attorney negotiated a resolution that resulted in the charge being dropped, upon proof that the license was currently valid.

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: September 11, 2018).

Bradford County DUI Charge Reduced

DUI and Criminal Defense

A Bradford County Sheriff’s deputy responded to the area of South Walnut Street and South East 44th Avenue in reference to a reckless driver. The vehicle was described as a dark colored Mustang traveling north on Highway 301 South and failing to maintain its lane. The deputy observed the vehicle traveling north in the left lane and then leaving that lane, traveling across the middle lane, and nearly striking his vehicle.

The deputy conducted a traffic stop and made contact with the driver. The deputy stated that he could smell an odor of alcohol and that the driver’s eyes were bloodshot and glassy. Another deputy was called to the scene to conduct the DUI investigation. The driver was asked to perform field sobriety exercises, which deputies stated the driver performed poorly. They further alleged that the driver had a hard time understanding instructions.

The driver was placed under arrest and was transported to the Bradford County Jail to provide a breath sample. The driver was read implied consent and refused to provide a breath sample.

By hiring Meldon Law the driver was allowed to participate in the DUI Deferral Program. The driver completed the program successfully, which resulted in the DUI charge being reduced to a reckless driving charge. The driver also received a withhold of adjudication.

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: September 16, 2017).

Clay County Driver Pleas to Reduce Charge

DUI and Criminal Defense

A Clay County Sheriff’s Office (CCSO) deputy observed a vehicle accelerate at a high rate of speed in a 35 mile per hour zone. The deputy also observed that the tag on the vehicle showed was expired. The deputy conducted a traffic stop on the vehicle, and upon speaking with the driver could smell a strong odor of alcohol coming from the driver as he spoke. The deputy also stated that he noticed the driver’s eyes were bloodshot and watery and that his speech was slurred. The deputy then asked the driver to perform field sobriety tests, which the driver agreed to do.

The deputy first asked the driver to perform was the Horizontal Gaze Nystagmus test and stated he observed distinct and sustained nystagmus before the onset of 45 degrees and at maximum deviation. On the walk and turn test, the deputy noted that the driver missed heel to toe, took seven steps instead of nine, that he was very unsteady and used his hands for balance, and made an incorrect turn. On the one-leg stand, the deputy stated that the driver was only able to hold his foot up for 10 of the 30 seconds before losing his balance, and the deputy ended the test.

The driver was placed under arrest for driving under the influence and transported to the Clay County Jail to provide a breath sample. Upon arrival at the jail, another deputy with the Clay County Sheriff’s Office requested the driver provide a sample of his breath, which the driver refused.

The driver hired Meldon Law. The attorneys at Meldon Law were able to successfully negotiate a resolution to the case that called for the DUI to be reduced to the lesser offense of reckless driving involving alcohol. Additionally, the driver, as a part of the reduction in charge, was able to receive a withhold of adjudication.

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: December 22, 2018).

DMV Invalidates Gainesville Driver’s DUI License Suspension

DUI and Criminal Defense

A Gainesville Police Department officer observed a stationary vehicle in the middle of the southbound lane on SW 34th Street. The officer made contact with the driver who was sleeping in the driver’s seat of the vehicle.

After several attempts, the officer was able to wake the driver of the vehicle. The officer stated that he noticed that the driver had slurred speech, watery and glossy eyes, as well as an odor of alcohol. The driver admitted to drinking two beers. The officer had the driver exit the vehicle and requested that he participate in field sobriety exercise, which the driver agreed to participate in.

Based on his observation, that officer placed the driver under arrest and transported him to the Alachua County jail. While at the jail, the driver was asked to provide a breath sample, which the driver agreed to provide. The results of the breath test were 0.274 and 0.268. The driver received a DUI citation and his license was suspended.

The driver hired Meldon Law. The attorneys at Meldon Law filed an application for a Formal Review Hearing through the Florida Department of Highway Safety and Motor Vehicle (DHSMV) to challenge the basis of the driver’s license suspension. The license suspension was invalidated on basis of lack of jurisdiction, since the officer failed to provide a sworn arrest affidavit. The hearing officer later issued an order setting aside the license suspension.

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 Suspension: July 2, 2019).

Gilchrist County Driver Pulled Over for Speeding

DUI and Criminal Defense

A Gilchrist County Sheriff’s Deputy was traveling northbound on county road 337 when he observed a vehicle traveling at a high rate of speed. The Deputy estimated that the vehicle was traveling around 80 miles per hour (MPH) in a 55 miles per hour zone, the deputy activated his radar unit and clocked the vehicle at 82 miles per hour.

The Deputy conducted a traffic stop on the vehicle. While speaking with the driver of the vehicle the Deputy stated he could smell a strong odor of alcohol coming from the driver. The deputy also noticed that the driver’s eyes were bloodshot and watery. The Deputy asked the driver to perform field sobriety exercise, which the driver agreed to do. The Deputy had the driver perform the walk and turn, one leg stand and checked the driver’s eyes for Horizontal Gaze Nystagmus which the Deputy stated he observed at maximum deviation and prior to the onset of 45 degrees.

The deputy, based on the driver’s performance on the FSE’s as well as the odor of alcohol, placed the driver under arrest for DUI 2nd Offense and transported to the Gilchrist County Jail, where the Deputy requested that he provide a breath sample, the driver refused to provide a breath sample.

The driver hired Meldon Law. The attorney’s at Meldon Law filed a motion in limine, prepared the case for trial, as well as discussed potential issues with the DUI investigation. The attorney at Meldon Law was able to successfully negotiate a plea to a reduced charge of reckless driving with alcohol.

For more information, call Meldon Law at (800) 373-8000, or write to us using our online contact form.

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: November 12, 2017).

Marion County Driver Pulled Over for Running Stop Sign

DUI and Criminal Defense

An Ocala Police Department Officer was conducting security in downtown when he observed a red Toyota Corolla run a stop sign on SW 10th St and then turn south on SE Magnolia Extension. The officer conducted a traffic stop on the vehicle, made contact with the driver, and asked for his license.

The officer ran the driver’s license and found that the license was suspended. The officer also noted that there was also two prior driving while license suspended charges as well. The officer then placed the driver under arrest for Driving while license suspended and transported him to the Marion County Jail.

The driver hired Meldon Law. The attorney’s at Meldon Law reviewed the driver’s license history and noticed that one of the alleged priors was a civil driving while license suspended, thus the driver should not have been charged with Felony Driving while License Suspended. The Attorney at Meldon Law spoke with the prosecutor about the case and lack of requisite priors. Ultimately, the case was dismissed by the state.

For more information, call Meldon Law at (800) 373-8000, or write to us using our online contact form.

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 Suspension: December 21, 2018).

License Suspension Invalidated for Levy County Driver

DUI and Criminal Defense

A Williston Police Department Officer on patrol when he observed a gray Dodge Charger traveling southbound on NE 6th Blvd. The officer stated that the vehicle almost missed the stop sign and made an abrupt and sudden stop. The vehicle then turned north onto Main St and traveled in the wrong lane. The officer then initiated a traffic stop.

The officer approached the vehicle and could smell a strong odor of alcohol coming from inside the vehicle. The officer noticed the driver’s eyes were bloodshot and glassy, that there was a strong odor of alcohol coming from his breath and that he appeared confused. The officer asked the driver if he would perform field sobriety exercise. Ultimately, the driver agreed to perform the exercise.

The officer also noted that he observed six (6) out of eight (8) clues on the walk and turn test and observed two (2) out of the four (4) clues on the one leg stand test. The officer also noted that he observed four (4) out of the six (6) clues on the finger to nose test.

The driver was placed under arrest for driving under the influence and transported to the Williston Police Department to provide a breath sample. Upon arrival at the PD station, another officer requested the driver provide a sample of his breath, which the driver agreed too and blew 0.162 and 0.167. The driver received a DUI citation and his license was suspended for an unlawful breath alcohol sample.

The driver hired Meldon Law. The attorney’s at Meldon Law filed an application for a Formal Review Hearing through the Florida Department of Highway Safety and Motor Vehicle (DHSMV) to challenge the basis of the driver’s license suspension. During the hearing, the attorney from Meldon Law made a motion to invalidate the driver’s license suspension based on an improper 20-minute observation period prior to the breath test being administered. The hearing officer later issued an order setting aside the license suspension.

For more information, call Meldon Law at (800) 373-8000, or write to us using our online contact form.

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 Suspension: March 18, 2018).

Ocala Driver Pleas to Misdemeanor Driving Charges

DUI and Criminal Defense

A Marion County Sheriff’s deputy observed a 2008 Honda Civic at the intersection of East Silver Springs Blvd. and NE 58th Avenue and ran a record check that showed that the owner had a suspended license. The deputy observed that the driver of the vehicle matched the description of the owner and conducted a traffic stop on the vehicle.

The deputy spoke with the driver of the vehicle, who admitted that his license was suspended. A records check revealed that the driver had multiple suspensions and convictions for driving while license suspended.

Four days later, an Ocala Police Department officer was conducting traffic enforcement on NW U.S. Hwy 27 when he got behind a silver Honda Civic and ran the vehicle’s tag number, which showed that the owner of the vehicle had a suspended driver’s license. The officer conducted a traffic stop on the vehicle and spoke with the driver. A records search revealed that the driver of the vehicle had a suspended license and multiple prior driving while license suspended charges. The driver was placed under arrest for felony driving while license suspended.

The driver hired Meldon Law. The attorneys at Meldon reviewed the driver’s license record of the defendant, which showed that the basis of the current suspension did not qualify for a felony driving while license suspended charge. The attorney was then able to negotiate a plea to one misdemeanor driving while license suspended offense, while the other charge was reduced to a second-degree misdemeanor for driving without a license, which allowed the client to avoid becoming a habitual traffic offender.

If you are facing charges as a result of a traffic stop, contact Meldon Law by phone at (352) 373-8000 or use our online contact form to send us a confidential message.

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: March 3, 2019, and March 7, 2019).

Levy County Driver Has License Suspension Invalidated

DUI and Criminal Defense

A Levy County Sheriff’s Office deputy was on patrol in the area of US 27 when he observed a vehicle traveling southbound in the northbound lane. The deputy caught up with the vehicle and conducted a traffic stop around the area of US 27 and County Road 241.

The deputy made contact with the driver of the vehicle and could smell an odor of alcohol coming from the driver and saw that his eyes were bloodshot and watery. At that time, the deputy had the driver exit the vehicle and requested that he participate in field sobriety exercise, which the driver refused to participate in.

Based on his observation, the deputy placed the driver under arrest and transported him to the Levy County jail. While at the jail, the driver was asked to provide a breath sample, which the driver also refused to provide. The driver received a DUI citation and his license was suspended for refusing to provide a breath sample.

The driver hired Meldon Law. The attorneys at Meldon Law filed an application for a Formal Review Hearing through the Florida Department of Highway Safety and Motor Vehicle (DHSMV) to challenge the basis of the driver’s license suspension. The license suspension was invalidated on the basis of the failure of a material witness to appear. The hearing officer later issued an order setting aside the license suspension.

If you are facing a DUI or license suspension, call Meldon Law today at (352) 373-8000 or write to us online.

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 Suspension: September 11, 2017).

Columbia County Driver Pleas to DUI Charge Without Increased Penalties

DUI and Criminal Defense

A Florida Highway Patrol Trooper was dispatched to the area near mile marker 421 on Interstate 75. Upon his arrival, he observed a vehicle stuck in a ditch facing northwest. The driver was helped out of the vehicle by EMS personnel and checked out in the ambulance.

At the conclusion of his crash investigation, the Trooper moved in a criminal investigation for driving under the influence. The Trooper stated he observed bloodshot eyes, that the driver’s speech was slurred, and also smelled an odor of alcohol coming from the driver. The Trooper then asked the driver if she would perform field sobriety exercise. Ultimately, the driver agreed to perform the exercise.

The first test the Trooper performed was the Horizontal Gaze Nystagmus test. He stated he observed a lack of smooth pursuit, distinct and sustained nystagmus prior to the onset of 45 degrees and at maximum deviation. The Trooper also noted that he observed all eight (8) clues on the walk and turn test and three (3) out of the four (4) clues on the one leg stand test.

The driver was placed under arrest for driving under the influence and transported to the Columbia County Jail to provide a breath sample. Upon arrival at the jail, the Trooper requested the driver provide a sample of her breath, which the driver agreed to. She blew 0.381 and 0.384. The driver received a DUI citation and her license was suspended for an unlawful breath alcohol sample.

The driver hired Meldon Law. The attorneys at Meldon Law found that the dry gas cylinder on the breath test instrument had expired and did not comply with Florida Administrative Code 11D-8. The attorney was able to then negotiate a plea to a DUI charge without the increased penalties for having a BAC over 0.150.

Did you receive a DUI? Call Meldon Law at (352) 373-8000 for help with your case, or write to us using our online contact form.

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: August 17, 2018).