Distracted Driver Playing on Cell Phone Swerves Onto Sidewalk; Charged With Dui

The Charges

A distracted driver playing on his cell phone at 1:00 a.m. drifts out of his lane and onto the white line. A Police Officer turns on his lights to initiate a traffic stop, and the driver abruptly pulls over onto a neighboring sidewalk. The Officer observes that the driver is off balance and sluggish, has watery eyes, slurred speech, and smells of alcohol. The driver agrees to perform a field sobriety test and performs poorly. The driver is then placed under arrest for DUI and he later refuses to submit to a Breathalyzer Test at the county jail.

Expunging a Record

If an individual has been arrested and charged for a crime, such as DUI, it will be placed on their permanent record where everyone can see it. Even if charges have been dropped against the person, these charges will remain unless they have their record expunged. 

Expunging a record means that a person’s record is removed from the files and destroyed. Here are some of the benefits of having a record expunged:

• One can legally deny the arrest and convictions that were once held against them. 
• Your credit rating will not suffer from your record, as often times criminal records do affect this rating. 
• You will be able to retain professional licenses or certificates.
• You are legally able to report on a job application that you were never convicted of a crime.

It should be noted that expunging a record will not allow you the following rights or opportunities:

• Eligibility to gain admission to the Florida Bar. If you are able to gain admission, you will most likely pay more and wait longer than normal. 
• You will not be able to deny your arrest if you are seeking a job or access to a Seaport.
• Private or federal databases could still have a record of your arrest, even after it has been expunged. 

Hiring an Attorney

If you have been arrested for DUI or any other charge, it is crucial to obtain the services of an attorney. A skilled lawyer will be able to look at your case and make sure that law enforcement did their jobs correctly. Oftentimes lawyers are able to find reasons as to why the charge cannot be held up in court.  

At Musca Law Firm, we will fight hard for your best interest. We know police officers may not always perform their jobs correctly, and we are willing to examine every aspect of your case so that we can help you build a strategic defense based on the specifics of your circumstances. We accept calls 24 hours per day for your convenience, and we offer a free initial case consultation for new clients. Our lawyers have over 150 years of combined legal experience, which gives us the confidence to negotiate with the prosecution on your behalf. Call us today at (888) 484-5057 to determine how one of our attorneys may best support you and your case.


RESULT: The Musca Law defense attorney used the police car’s videotape to determine that the Officer did not have enough evidence to initiate a traffic stop against the Client. After being placed under arrest, the Client chose not to take a breath test; resulting in no evidence of him being under the influence of any substance. The charge of DUI was REDUCED, and the Client is now eligible to have his record expunged.