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 ans 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, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
- Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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