Cleveland Indians outfielder Austin Kearns is trying to dismiss charges stemming from his DUI arrest in February, according to the Jessamine Journal.
Kearns is being charged with one count of operating a motor vehicle under the influence of alcohol and one count of driving without required insurance, according to the Jessamine County District Court Docket. If convicted on both charges, he will face between two and 120 days prison time.
The defense is trying to dismiss the case on the grounds that Kearns’ arrest was illegal. The Jessamine Journal‘s Jonathan Kleppinger writes:
Kearns’ attorneys, Brent Caldwell and Noel Caldwell, allege in the motion filed April 15 that the Lexington police officer, referenced only as “E. Hart,” did not have the authority to stop Kearns since Hart was out of jurisdiction. Kentucky law allows officers outside their jurisdiction to arrest if the local law-enforcement agency requests assistance, but the motion claims the Jessamine County Sheriff’s Office never officially requested the assistance of Hart. The motion also complains that, if Hart had the authority to stop Kearns, the Lexington officer should have been the arresting officer since Hart witnessed Kearns driving on U.S. 68 prior to pulling him over.
A hearing initially scheduled for Tuesday was postponed until May 17.
Indians right fielder Shin-Soo Choo was arrested for a DUI Monday.
Original Story:
http://www.wahooblues.com/2011/05/05/...
