Ocala DUI Charge Reduced to Lesser Offense
An Ocala Police Department officer was traveling south on U.S. 441 when she observed a blue Honda weaving within its lane and then crossing over the fog line, almost striking the curb.
The officer conducted a traffic stop on the vehicle and made contact with the driver. The officer stated the driver was slurring his words and could smell an odor of alcohol coming from the vehicle. Additionally, the driver did admit to consuming alcohol.
The officer asked the driver to perform field sobriety exercises, which the driver participated in. The officer stated that the driver had bloodshot and watery eyes, distinct and sustained nystagmus at maximum deviation, and nystagmus before the onset of 45 degrees. The officer also stated that the driver performed unsatisfactorily on the walk and turn exercise and the one leg stand exercise.
Ultimately the driver was arrested for DUI and was asked to provide breath samples, which the driver agreed to provide. The breath test results were 0.130 and 0.131.
The driver hired Meldon Law. The attorney reviewed all the reports and videos in the case, which led to the attorney filing two separate motions to suppress evidence. One motion was based on a lack of reasonable suspicion for a traffic stop, while the other was based on an improper observation period regarding the breath test. The attorney then negotiated a resolution that resulted in the DUI charge being reduced to a reckless driving offense by pointing out evidentiary issues with the breath test observation period. Additionally, the attorney further negotiated a withhold of adjudication, so there was no formal conviction of an offense.
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: October 23, 2019).
