Car Accident Lead to DUI Arrest
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.
Gainesville, Florida Driver Vehicle Accident in Apartment Complex, Charged With DUI
A driver entered an apartment complex on the wrong side of the road, almost causing an accident with a Gainesville Police Department officer who was exiting the complex. Subsequently, the driver hit a car in front of the complex while backing out. The driver was pulled over and the officer noticed the smell of alcohol. The driver admitted he was drunk and needed to go home, but said he was unaware that he had been driving the wrong way.
Responding officers obtained consent from the driver to perform field sobriety exercises. He displayed lack of smooth pursuit and sustained nystagmus at maximum deviation in both eyes during the HGN test. During the walk-and-turn exercise, he used his arms for balance and forgot what to do after performing the turn. Further, he put his foot down at least three times and exhibited leg tremors during the one-leg stand. He also missed touching his nose and pointed forward during the finger-to-nose test. During the Rhomberg balancing test, he estimated a 30-second time period at 26.7 seconds and exhibited eye and leg tremors.
The driver was arrested for DUI and provided two samples of .152g/210L and .149g/210L. (Date of Arrest: August 5, 2011) The State offered a plea bargain for DUI above .08g/210L but below .15g/210 and sought requirements such as probation, DUI school, and community service. However, attorneys at Meldon Law successfully pursued the driver’s admittance into the Deferred Prosecution program which resulted in the lesser charge of Reckless Driving with Alcohol.
