Arcadia, FL DUI Law Firms & Lawyers

You can get a DUI in a parked car, especially when you pass out behind the wheel. You are an alcoholic sir. The first DUI did not communicate that. Now, you are here taking a nap (not passed out) for 90 minutes after drinking, and not being able to make in home. The officer found you in your subdivision with alcohol on your breath sleeping. Why did you not just drive home and sleep in your bed. Because you thought it would be a hoot to sleep in the vehicle, or you wanted to pretend you were homeless. Sir, you are an alcoholic.

You have raised a lot of issues.  The stop may be bad, the search may be bad, the arrest after passing exercises should be looked at closely.   You should contact an experienced criiminal and DUI attorney.  It sounds like your were arrested for either DUI, possession, or reckless driving or all 3.   You should not try to do this alone.  My advice would be to get an attorney in or near the county where this occurred or get an attorney where you live to coordinate this.  

Expunction of a DUI criminal history record is possible if (1) the charge was "nolle prossed" (dropped) by the prosecution (the State) or dismissed by the Court, and if (2) the person seeking expunction has never been convicted of any crime, misdemeanor or felony, or adjudicated to be delinquent as a juvenile of any felony or some misdemeanors, and if (3) the person has never previously been the recipient of a sealed or expunged criminal history record. Interestingly, and in my view very unfairly and in disregard of the basic principles within the criminal justice system, the legislature decided that a person cannot receive the benefit of expunction if he or she goes to trial and is found not guilty.  So, despite the Constitutionally guaranteed entitlements of the presumption of innocence and the right to a trial at which the government, which has made the charge(s), must prove its allegations, an accused individual who opts for a trial, and wins, is not eligible for expunction.   If the person seeking expunction is eligible, as confirmed by the Florida Department of Law Enforcement, he or she could then petition the Court to expunge the record, and the Court would hold a hearing and determine whether the request should be granted.  The Court is not obligated to order expunction even if eligibility exists, but in most jurisdictions a denial would be unusual.