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.
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