Following a traffic stop last week, a Connecticut man allegedly tried to eat the results of a breathalyzer test.
Kenneth Desormes was stopped by New York State Troopers Sunday night for speeding down I-95 in Port Chester, New York. Troopers say Desormes was intoxicated and, as a result, they brought him back to the station house to offer him a breathalyzer test.
After being offered the test, Desormes blew into the breathalyzer and as the machine was printing the results of the blow, he grabbed the paper and tried to chow it down. Luckily for the officers, they prevented the destruction of the results, which unsurprisingly showed Desormes’ blood alcohol content (BAC) to be .13%.
Because of his actions, Desormes was not only charged with Driving While Intoxicated, but Criminal Tampering and Obstruction of Governmental Administration.
As a preliminary matter, we have discussed in previous posts the pros and cons of taking the breathalyzer test. Many factors, including how much you had to drink, the jurisdiction you are in, how crucial your drivers license is to you, and whether or not you have been in an accident, should be taken into account before agreeing to take the test.
Also, if you tell the officers that you want to consult with your attorney before making a decision, and you have your attorney’s phone number, or at least their name and office location, the police must take reasonable steps to put you in contact with that attorney. Recent NY State case law has established that a failure to do so can result in the suppression and preclusion of the breath test results.
Furthermore, if you do blow into the machine and the result is over the legal limit of .08%, absolutely do not try and destroy the evidence. Not only will the prosecutor be able to use the breath results against you, but your attempt to destroy the evidence could also be used as consciousness of guilt evidence.
You would be much better served in contacting a Manhattan or Brooklyn criminal defense attorney to review your case. A Manhattan or Brooklyn criminal defense attorney with DWI experience will be able to determine whether your arrest was based on faulty lab or technical results or breathalyzer, urinalysis or a blood test that may have lead to inaccurate results.
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