May 25, 2011, 7:34 PM EST
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.
- Giants acquire Casey McGehee from the Marlins 14
- The Padres have given their fans something to talk about. Which is badly needed in San Diego. 59
- Justin Upton traded to the Padres for three prospects 79
- Bud Selig will get a $6 million a year pension. Which is obscene. 142
- Jake Peavy agrees to a two-year, $24 million deal to stay with the San Francisco Giants 25
- Matt Kemp has officially been traded to the Padres 29
- Padres acquire catcher Derek Norris from Athletics 38
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site 90
- The United States will seek to normalize relations with Cuba (144)
- Bud Selig will get a $6 million a year pension. Which is obscene. (142)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (111)
- Rays, Padres, Nationals agree to 11-player trade (97)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)