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Lawyer: Miguel Cabrera wasn’t driving vehicle when arrested

May 25, 2011, 7:34 PM EDT

Miguel Cabrera mugshot

Attorney Michael Kessler said Wednesday that Miguel Cabrera wasn’t driving his Land Rover when he was arrested in Florida on Feb. 16 and charged with DUI.

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.

  1. tribester - May 25, 2011 at 8:29 PM

    My cousin got off for that. He drove his car into a tree or something, called the cops on himself because he was stranded in the middle of nowhere, and got the charges dropped because the cop never saw him in the car.

    It’s quite a dangerous loophole.

  2. clydeserra - May 25, 2011 at 9:10 PM

    SOP. He actually has a decent shot. I am not sure how the earlier reports indicate he was driving.

  3. smarterthangirardi - May 25, 2011 at 11:06 PM

    that mugshot….nope still not old

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