Comments on: Oh good: Miguel Cabrera gets his driver’s license back

By: clydeserra

clydeserra — Tue, 31 May 2011 22:46:31 +0000

Admin hearings in CA are harder to win because of the lack of evidence rules. I imagine all states are similar. I agree its tough road for the prosecution.

As for the comments, meh, I think I read a poll a few years ago that asked people if they would be for or against certain constitutional amendments, but instead of asking about new laws, the pollsters asked about the existing bill of rights. The fourth, fifth and sixth went down in flames, like 80% against. It seems most people don’t understand how the courts work.

By: dluxxx

dluxxx — Tue, 31 May 2011 21:08:53 +0000

Uhh, the cops were called because he threatened some dudes at a bar. If he was alone then, and then found at the scene, then he’s guilty of drunk driving. If not, then he has a chance to get off.

By: opiedamus

opiedamus — Tue, 31 May 2011 20:06:21 +0000

@ clydeserra: I posted basically the same thing when it was reported and got blasted. Until we know the facts, see the report (that may or may not be accurate), and are able to see the video, there is no way anyone can blame celebrity and money for getting him off. If the keys weren’t in the ignition, if he wasn’t driving and didn’t say that he was, and for the love of all that is holy, if he was out of the vehicle drinking from a bottle of whiskey – then you can only charge him with public drunk.

I will say this, if he won his Admin. Hearing, there is little to no way he doesn’t win a trial. The prosecution has to prove he was driving…..it’s almost as important as proving his is drunk.

By: clydeserra

clydeserra — Tue, 31 May 2011 19:29:16 +0000

figured. Its not a big deal.

The defense does not fly with you mother, but in the courts, its the way it has to work otherwise many people could be wrongly convicted because they were near a crime scene without a rock solid reason why.

By: patsandsox

patsandsox — Tue, 31 May 2011 18:50:00 +0000

should have said without some one lime putting them down for it. My proof reading skills are another thing I do not do to well

By: patsandsox

patsandsox — Tue, 31 May 2011 18:48:38 +0000

clydeserra I guess I owe you an appology. I do not like name calling and I am p o at myself for stooping to that.

I am just saying that I dont think a non celebrity would have gotten his license back so easily.

I was an a s s for calling your post idiotic and wanted to take it back as soon as I hit post.

Everyone is free to post here with some idiot like me putting them down for it.

By: clydeserra

clydeserra — Tue, 31 May 2011 18:23:46 +0000

Are you saying my idiotic post? I thought he was outside the car when he was contacted.

Even if he was sitting in the drivers seat, it doesn’t change the calculus, it makes Cabrera’s case harder, but its the same “no drive” defense.

You have to be driving a car to get a DUI. the Prosecution has the burden to prove that you were driving. If the only evidence is you were near your car drunk, they have failed to prove you were driving.

I don’t know why you would call any of the posts here idiotic, they all seem reasonable to me. Even Paper lions doesn’t seem to be talking about the criminal case, but the case of public opinion. And when people are unfamiliar with the criminal law process, they often think there is some nefarious moneyed elite that get away with everything and its not true.

By: patsandsox

patsandsox — Tue, 31 May 2011 17:21:42 +0000

The way I read the arrest report, and I could be wrong, they had him sitting in the driver seat asking if they knew who he was while taking chugs off his bottle of whiskey.

So please tell me your point again? I know there has to be some logical explanation that your idiotic post didnt address

By: patsandsox

patsandsox — Tue, 31 May 2011 17:17:53 +0000

If it was a non celebrity the license would not have been returned without going to drunk driving school, paying a large fine, and all that noise (deservedly so).

A friend of mine was found in his car, in a parking spot, with the motor shut off, and still got a dui because the keys were in the ignition.

How the EFF is this fair? Or yeah I keep forgetting there are two sets of laws: one for the rich and famous and one for the rest of us.

By: bklynbaseball

bklynbaseball — Tue, 31 May 2011 16:59:53 +0000

he doesn’t have to prove anything, according to the law. the onus is on the prosecution. if he didn’t say “yeah, i was driving”, and he was out of the car when the cops got to the scene, then they cannot say he was driving drunk, because he was not driving when they encountered him.

By: paperlions

paperlions — Tue, 31 May 2011 15:24:54 +0000

Well, then he sure as heck better be able to provide an explanation as to how he and his car arrived at that location. Because failing someone saying they drove it and then left him stranded, magic is the only viable option remaining.

By: Mr. Jason "El Bravo" Heyward

Mr. Jason "El Bravo" Heyward — Tue, 31 May 2011 14:44:47 +0000

It’s Florida.

By: The Common Man/www.platoonadvantage.com

The Common Man/www.platoonadvantage.com — Tue, 31 May 2011 14:09:59 +0000

And he walked all that way while he was blind drunk and still managed to find his car! We’re not giving this guy enough credit.

By: clydeserra

clydeserra — Tue, 31 May 2011 14:02:40 +0000

Its not money or magic. As I recall, the officers first contacted Cabrera when he was out of the car. No one put him inside the car. He made no statements that put himself behind the wheel. I think most people would beat the DMV hearing. Likely the criminal case too.

By: dailyrev

dailyrev — Tue, 31 May 2011 13:48:15 +0000

Isn’t money a magical thing? It can throw a green shadow over the clearest and most obvious facts; it can make wrong right and a driver a passenger; it can ask, “what is your definition of ‘is’?” and be taken very seriously, as if it means something. Money can make words and facts turn into turds and whacks. God how I love money…

By: Jonny 5

Jonny 5 — Tue, 31 May 2011 13:30:40 +0000

Man….. This crap keeps on happening. Do ballplayers have a state by state handbook on how to get out of DUI cases? BTW, Joe Walsh now dislikes you. And I have a crush on his daughter. mmm mmm!

By: kiwicricket

kiwicricket — Tue, 31 May 2011 13:24:41 +0000

That crafty Bud pulled some strings….He’s good like that.

By: Craig Calcaterra

Craig Calcaterra — Tue, 31 May 2011 13:23:24 +0000

I’m a man of disparate influences.

By: Patrick

Patrick — Tue, 31 May 2011 13:22:27 +0000

Craig,

Given your Dead Milkmen tweets, I did not expect to see a Joe Walsh reference.

By: ThatGuy

ThatGuy — Tue, 31 May 2011 13:21:21 +0000

Didn’t just walk, pushed his car…

By: cur68

cur68 — Tue, 31 May 2011 13:17:43 +0000

(facepalm).

Seriously, WTF? Does logic play no effing part in the law?