May 25, 2011, 7:34 PM EDT
Kessler said during a hearing that Florida law states a driver has to be in control of an operable vehicle to be required to take a breath test. He said Cabrera’s Land Rover had broken down and St. Lucie County Sheriff’s deputies didn’t see him driving the SUV.
Of course, there is testimony that suggests Cabrera was driving drunk beforehand. Two truck drivers told police that he ran a truck off the road before he was arrested.
Cabrera, who was not at the hearing, has been charged with driving under the influence of alcohol and resisting an officer without violence. He’s seeking the return of his driver’s license after three months without one.
- Mariners end Jesus Montero’s season 23
- Troy Tulowitzki says he’ll retire before he switches positions 22
- Mike Trout is the best MVP choice, but . . . 24
- Baseball is dying, you guys, because no one would recognize Mike Trout in a bar 68
- And That Happened: Thursday’s scores and highlights 75
- Alex Gordon and the M-V-P chants 44
- Could women play major league baseball? Sure. Right now, though, the deck is stacked against them. 217
- And That Happened: Wednesday’s scores and highlights 63
- Could women play major league baseball? Sure. Right now, though, the deck is stacked against them. (220)
- Forgiveness for Pete Rose? Not in this lifetime (146)
- Albert Pujols plays the “you never played the game!” card (104)
- Great Moments in Drug Testing and Punishment: The NFL Edition (101)
- And That Happened: Thursday’s scores and highlights (75)