Detroit Tiger’s star Miguel Cabrera will not lose his license, at least as far as the DMV is concerned. As The Advocate For You Blog reported in March, there were several issues with Cabrera’s case. One of those issues was whether or not Cabrera was driving or in actual physical control of a vehicle on the night in question.
In order to be found guilty of DUI, or to have your license suspended by the DMV, the State and law enforcement officers must be able to prove that you were either 1) driving a vehicle or 2) in “actual physical control” of a vehicle. Actual physical control generally means you were seated behind the wheel of an operable vehicle with the opportunity to drive it. “APC” as it is known often comes into play where a defendant is found sleeping behind the wheel of a vehicle.
Taracks & Associates senior partner Barry K. Taracks explained in March that the biggest hole in Cabrera’s case was that officers found him outside of a broken down vehicle – presenting a dual APC issue for the State and law enforcement officers: first, the vehicle was broken down; second, Cabrera was outside of the vehicle as police arrived. How could it be proved that he was driving? For just that reason, as Mr. Taracks predicted, Cabrera won his DMV hearing and will have a great argument for his criminal case.
Taracks & Associates – The Advocate For You.