Wednesday, November 5, 2014

A DUI Arrestee picks-up additional Felony Tampering and Obstruction Charges for Attempting to Eat his Breathalyzer Results ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



Meet 40 y/o Kenneth Desomes.... yes, that's him below:




Kenneth was stopped for speeding by NY State Troopers at about 5:30 am on Sunday, November 2nd, 2014.  As is the case with many a routine traffic stop, during the course of the encounter police developed "reasonable suspicion" to transform the traffic infraction stop into a criminal investigation, in this case for DUI.  A "reasonable suspicion" is loosely defined as being one which the police officer in question can articulate in plain terms and which would justify "Joe Average" police officer in believing that a crime is being, is about to be or was just committed.



In DUI terms this usually involves the tell-tale "signs of impairment" (i.e. odor of an alcoholic beverage, slurred speech and bloodshot / watery eyes), which lead to FST's (field / roadside sobriety tests - a "voodoo science" which uses abnormal "tests" to gauge one's normal faculties) and then to breath testing.





Kenny was transported to the Tarrytown PD for DUI processing and agreed to take a breath test.




Either Kenny was super hungry or he did not want anyone to see the printout, which claimed that he had an unlawful driving BAC of .13 (over the legal limit of .08), because after he was told of the results 'ole Kenny grabbed that print out and tried to gobble it down his pie hole.  For his efforts Kenny faces DUI prosecution but also earned himself additional charges of "obstruction of governmental administration" and "criminal tampering".




Memo to Kenny:  I know that you were impaired and not thinking right, but, "stupid is as stupid does".   Next time, don't drink and drive, but, if you do, then STFU and politely refuse everything.  Had you done that, instead of having done what you did, then you would face a DUI and no other charges.




Memo to the Folks:  When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".  
Be smart{er than Kenneth Desomes}: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.



At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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