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Miguel Cabrera probably won’t do any jail time

Feb 18, 2011, 10:02 AM EDT

Miguel Cabrera mugshot

That’s what a Florida DUI expert who Jon Paul Morosi spoke with said. And it’s not because he’s a big baseball star: people with Cabrera’s record who did what Cabrera did — including the resisting arrest stuff — generally don’t do any jail time.  They tend to get a six-month license suspension, community service, and an obligation to attend “DUI school.”

I don’t really know anything about DUI law. I had a client call me at midnight once saying he was getting arrested for DUI. He called me after he was pulled over and before the cop even got to his window. I knew I was out of my depth and called a lawyer who knew what he was talking about to deal with him.  I also once took a taped seminar on DUI law to satisfy continuing legal education requirements, but spent most of the seminar blogging. And I wonder why I never made partner.

Anyway, it’s an interesting area of the law, and one that can vary wildly from state-to-state, as our conversation in the comments yesterday about refusing the breath test revealed.  In Ohio you get scarlet letter license plates if you get a DUI. Fun times, even if they seem to be more gimmicky than anything else.

As for Cabrera, the guy makes $20 million a year. I hope he stops drinking completely because he obviously can’t handle it, but if he doesn’t, at least hire a driver, ya know?

  1. Mr. Jason "El Bravo" Heyward - Feb 18, 2011 at 10:10 AM

    That smile alone should keep him out of jail.

  2. BC - Feb 18, 2011 at 10:20 AM

    In Connecticut it would be a year’s license suspension, then go from there. Community service, maybe a fine, and either “DUI School” or an order to go to rehab.

  3. kinggeorge96 - Feb 18, 2011 at 10:50 AM

    The problem wasn’t with the drinking, it seems to be that when he asked the cops, “Don’t you know who I am?” they had no idea.. I hate when that happens to me!!

    http://www.thesmokinggun.com/file/miguel-cabrera-arrest?page=0

    Cops must be football fans?? Sorry Craig.

    • BC - Feb 18, 2011 at 11:16 AM

      If he had been wearing a “Hi My Name Is” tag, that all could have been avoided.

  4. phukyouk - Feb 18, 2011 at 11:10 AM

    yea well what about the ” i beat the sh*t out of my wife when i was drunk the day before a one game playoff in 2009″? why doesnt he get jail for that?

  5. aaronmoreno - Feb 18, 2011 at 2:51 PM

    I know DUI laws have been getting progressively tougher the last few years. In Los Angeles, a conviction will get you one of those steering wheel breathalyzers to run your car. District Attorneys who used to let defendants plead to wet reckless driving or less now hammer guys into the ground. I imagine this is bad for defendants, and good for DUI defense attorneys.

  6. rcali - Feb 18, 2011 at 3:50 PM

    All of these means, it will happen again.

  7. dolphinphan - Feb 18, 2011 at 5:00 PM

    in Florida we dont care. Even if you kill someone. See Donte Stallworth.

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