An Florida administrative hearing has been postponed so that an officer can be present to testify in the case of Detroit Tigers star Miguel Cabrera's drunk driving arrest, the Washington Post reported.
A Broward County DUI lawyer can contest a client's driver's license suspension through the Department of Motor Vehicle's administrative hearing. Such requests must be made with 10 days and must be in writing. Upon request, a hearing must be held within 30 days. The driver (or his attorney) can subpoena witnesses and present evidence. If he doesn't happen to be a star Major League Baseball Player and the officer doesn't bother to show for the hearing, he may win by default. In any event, challenging the suspension will also permit your drunk driving defense attorney to get a good first look at the case against you.
Fort Lauderdale DUI Defense Attorney Carlos Canet has been representing clients facing drunk driving charges since 1991 when the current administrative process was put into place. He was the first DUI defense lawyer in Broward County to successfully challenge the system based on double jeopardy and has challenged other changes to the system over the years, including the lack of neutrality of the department's hearing officers.
Cabrera did not appear at the hearing with the Florida Department of Highway Safety and Motor Vehicles. He was arrested and charged with DUI in Fort Pierce on Feb. 16. A deputy reported spotting a car with a smoking engine at the side of the road and finding Cabrera inside the vehicle drinking from a bottle of Scotch.
He refused to participate in field sobriety tests, according to police. Two other officers who were at the scene were questioned at the administrative hearing, along with a mechanic who examined the Land Rover.
The mechanic determined the vehicle was inoperable. A 2008 case was overturned in circuit court, which found it was improper for the DMV to suspend a driver's license for refusal to take a breath test in a case in which the vehicle was inoperable. The court ruled Florida's implied consent rule (the law that requires drives to submit to an alcohol test when requested to do so by an officer with probable cause) applied only to operable vehicles.
Fort Lauderdale DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.
