Gainesville DUI Charge Reduced
A Gainesville Police Department officer observed a green Toyota stopped at the intersection of West University Ave. and SW 34th St. The vehicle was past the stop bar and crosswalk. The vehicle began to roll forward before reversing and nearly striking the vehicle directly behind it.
The officer then conducted a traffic stop on the vehicle and made contact with the driver. The officer stated that he could smell an odor of alcohol coming from inside the vehicle, and that the driver’s eyes were bloodshot and watery. The officer also noted that the driver had slurred speech and admitted to consuming three beers.
The driver was asked to perform field sobriety exercises. The officer stated the driver displayed horizontal gaze nystagmus at maximum deviation and horizontal gaze nystagmus prior to the 45 degrees in both eyes. The officer additionally noted that on the walk and turn exercise the driver missed heel to toe, stepped off of the line on multiple steps, used his arms for balance, and made an improper turn.
The driver was ultimately placed under arrest and transported to the Gainesville Police Department to provide a breath sample. The driver agreed to provide a breath sample, and the results were 0.102 and 0.101.
The driver hired Meldon Law and was allowed to participate in the DUI Deferral Program. The driver completed the program successfully, which resulted in the DUI charge being reduced a reckless driving charge. The driver also received a withhold of adjudication. Additionally, Meldon Law filed a motion consolidating the civil citation that the driver received, which was subsequently dismissed by the court.
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: May 3, 2018).
