More evidence from the state attorney of Florida reveals that Detroit Tigers' Miguel Cabrera may have an uphill climb in battling his Florida drunk driving charges, according to Business Insider. He is currently being charged with driving under the influence of alcohol and resisting an officer without violence, both misdemeanors. The well-publicized incident occurred last February as Cabrera faced DUI charges.
New reports state that Cabrera ran at least two vehicles off the road. His driving ran a Wal-Mart tractor trailer off the main road and caused another vehicle to swerve onto the grass to avoid a head on collision with Cabrera. The driver of one of those cars call 911 and reported to the police that she believed the driver was either drunk or on other drugs. Investigators report that both of these accidents could have easily resulted in death.
Broward County DUI attorneys can contest a client's driver's license suspension through the Department of Motor Vehicle's administrative hearing. This request must be made with 10 days and must be submitted in writing. Upon request, a hearing must be held within 30 days. The driver, or his defense 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.
After the initial incident, a mechanic determined that Cabrera's 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.
In Florida, a DUI manslaughter charge is punishable with up to 15 years in prison and a $10,000 fine. As the case stands now, without the new findings from investigators, Cabrera is only facing a maximum of six months in jail. If it is later revealed that Cabrera's rampage caused any bodily harm or property damage, his potential jail time could be much longer.
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.
