Food Service Manager Charged With 2nd DUI

The Charges

An Officer observed our Client swerving violently between lanes. Other vehicles stayed clear of him because of the erratic driving. Based on this, the Officer pulled the Client over for fear that he would injure himself or others. When the Officer made contact, our Client admitted that he “shouldn’t be driving” because he had been drinking. He later admitted that he was impaired. When asked to perform roadside sobriety exercises, the Client refused. He also refused several commands to exit his vehicle, became argumentative when arrested, and refused to take a breath test.

Expunging Your Record

In order to have your record expunged, you must meet certain criteria, including the following: 

• You have never had a record sealed or expunged in the state of Florida.
• You have never been adjudicated guilty of any criminal offense.
• You are not currently under any type of court supervision. This also includes probation, house arrest, or pretrial release.
• You did not enter a plea of guilty or nolo contendere (No Contest) to an offense that is not eligible for sealing or expungement under Florida law.

In order to have your record sealed or expunged, you must answer yes to all of the four criteria above. 

Offenses Not Eligible for Expungement

The following is a list of offenses that are not eligible for expungement in the state of Florida:

• Battery
• Arson
• Kidnapping
• Domestic violence
• Lewd or Lascivious Acts on the Elderly
• Carjacking
• Robbery
• Stalking
• Public Officer or Public Employee Offenses 
• Sexual Misconduct
• Terrorism
• Obscenity (Selling or Buying Minors) 
• Illegal use of explosives

Musca Law Firm

At Musca Law Firm here in Florida, we will believe you’re innocent until you have been proven guilty. Our attorneys will go the extra mile in court and out of court to make sure that you receive the outcome that you deserve.  

Our firm has a 24-hour answering service that is available 7 days a week. We serve all of Florida with offices located in various cities across the state. We look forward to speaking with you for your initial free case consultation with us. Call us today at (888) 484-5057!  

RESULT: The Client faced serious consequences, as he already had a prior conviction for DUI. In addition, the Client twice refused an opportunity to prove his sobriety. However, our Musca Law Defense Attorney was convinced of the Client’s innocence and decided to press forward with a jury trial. During jury selection, the Attorney was able to identify a juror who was knowledgeable on how the body processes alcohol. Eventually, this juror served on the jury with the other members. Believing that the juror would pass this information on to the rest of the jury, the Attorney vigorously argued that the Client was not impaired when he drank 4 beers over a 5-hour time-frame. The jury deliberated for 60 minutes and returned a NOT GUILTY VERDICT, resulting in NO DUI CONVICTION, NO FINES, NO COURT IMPOSED LICENSE SUSPENSION. OUR CLIENT IS ALSO ELIGIBLE TO HAVE HIS RECORD EXPUNGED!