Alachua County Driver DUI License Suspension Invalidated
A Gainesville Police Department officer was conducting routine traffic enforcement along University Avenue when he observed a vehicle execute a U-turn, which caused the vehicle to fishtail. The officer then observed the vehicle accelerate up to 41 miles per hour in a 30 miles per hour zone. The officer conducted a traffic stop on the vehicle and ordered the driver to step out of the vehicle so the officer could speak with him. The officer stated that the driver was somewhat unsteady on his feet, and the driver’s eyes were bloodshot and watery. The officer also noticed a smell of an alcoholic beverage coming from the driver’s breath.
The Arrest
The officer asked the driver to perform field sobriety exercises, which the driver agreed to do. The first exercise was the horizontal gaze nystagmus. The officer stated that he observed distinct and sustained nystagmus at maximum deviation in both eyes and nystagmus prior to 45 degrees in both eyes. The officer noted that the driver stepped off the line on the walk and turn exercise, took an incorrect number of steps, did not touch heel to toe as asked, and used his arms for balance. Based on the driver’s performance, he was placed under arrest and asked to provide a breath sample which the driver refused to provide.
The Solution
The driver hired Meldon Law. The Meldon Law attorneys 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 Meldon Law attorney made a motion to invalidate the license suspension based on the arresting deputy’s nonappearance. The hearing officer later issued an order setting aside the license suspension.
Meldon Law Is Here for You
When your license has been suspended due to a DUI in Florida, it is essential to know relevant court hearings and dates and the potential defenses you may have. At Meldon Law, we have the expertise and experience to assist you in every aspect of your case. Our attorneys know your rights and are dedicated to defending them – and defending you.
If you have been charged with a criminal offense, call us at 352-373-8000 or fill out our contact form for a prompt response to schedule your free consultation. We want to help you get started on the path to getting your life back today.
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: January 29, 2021).
