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Southampton Town Supervisor Linda Kabot’s DWI trial has been delayed for a second time after her lawyer learned that he will be tied up with other cases and unable to attend the hearing previously rescheduled for earlier this week.
Riverhead Town Judge Allen Smith rescheduled Ms. Kabot’s hearing for a second time after her attorney, William Keahon, asked for an adjournment. Ms. Kabot’s hearing, originally scheduled to be held this Tuesday, November 24, will now take place on Tuesday, January 19.
Mr. Keahon represents other clients facing felony charges in Suffolk County Criminal Court, and those cases take precedence over Ms. Kabot’s charge, which is a misdemeanor, he said.
Ms. Kabot’s trial will also be pushed back, though it is not clear when it will now take place. It was originally scheduled to begin Thursday, December 10.
Though she must still await her day in court, Ms. Kabot learned earlier this month that her driver’s license has been temporarily restored by the New York State Department of Motor Vehicles. Ms. Kabot, whose license was automatically suspended for a year after she refused to submit to a breath test after being pulled over by Westhampton Beach Village Police on Labor Day, will retain her driving privileges until the DMV rules on an appeal filed by her former lawyer, John O’Brien of Sag Harbor.
Mr. O’Brien filed the appeal shortly after Ms. Kabot’s refusal hearing held at the DMV office in Hauppauge in September. Her license was temporarily restored until the appeal decision is handed down, Ms. Kabot learned on Tuesday, November 3—coincidentally, Election Day.
It usually takes months for the DMV to decide on an appeal, according to Mr. Keahon, Ms. Kabot’s current attorney.
When a driver refuses to take a breath test, he or she is penalized twice. The DMV automatically suspends the operator’s license for one year, and the person is also charged with a separate violation. Judge Smith last month dismissed the violation charge that had been filed against Ms. Kabot, though the Suffolk County district attorney’s office is trying to appeal that decision.
Ms. Kabot was arrested on Main Street in Westhampton Beach on September 7 and charged with DWI. Ms. Kabot said during an earlier interview that she refused a breath test and other chemical tests that night because she felt “angry and intimidated” by the “overzealous nature” of the arresting officers.
According to the police report, the arresting officer said that Ms. Kabot’s breath “smelled strongly of an alcoholic beverage” and her eyes were “red and glassy.” The report also notes that she failed two field sobriety tests.
Both Ms. Keahon and Ms. Kabot originally wanted her DWI trial to be held prior to Election Day. That date had to be pushed back to December 10 because Mr. Keahon had other court obligations that took priority.
Ms. Kabot, who declined to comment on the latest delay, lost her reelection bid to Southampton Town Councilwoman Anna Throne-Holst. Ms. Throne-Holst will assume the supervisor’s seat on January 1.
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Total comments by intheknow911: 46
Sorry to say I hope I am not the only one over this story!!
Total comments by intheknow911: 46
Total comments by Bayman1: 128
Total comments by sjd: 171
It also doesn't matter what readers have presumed about her guilt, what matters is the evidence when it is finally ... more presented both before a hearing officer with the DMV and before the criminal court judge.
The fact that the original suspension has been stayed pending appeal is evidence that Mrs. Kabot is fighting this as is her right, and as would be your right.
I think everyone involved in this case, as well as the public, will learn a lot from this experience and I am glad that the Press will continue to cover it as it unfolds.
Total comments by Publius: 284
You -- even YOU -- would be accorded the same (not so) "special treatment" if you were in the system as Ms. Kabot is.
But since you no clue about the law, the assumption might be made that you manage to keep your nose clean and the key away from the ignition when you've been drinking. Good for you.
Total comments by Frank Wheeler: 506
Total comments by Bayman1: 128
Total comments by fcmcmann: 137
>> How do you know he has "no clue"? > And what do you mean "even YOU"? > At least your {sic} consistent. <<
As are you and SJD.
We are what we are, Madam.
PS - does Bayman1 get a free pass from you?
PPS: Happy Thanksgiving to you and the House of McMann.
Total comments by Frank Wheeler: 506
>> How do you know he has "no clue"?
That would be self-evident if you read SJD's comments half as closely as you do mine.
>> And what do you mean "even YOU"?
(See above.)
>> At least your {sic} consistent.
As are you and SJD.
We are what we are, Madam.
PS - does Bayman1 get a free ... more pass from your critical scrutiny?
PPS: Again, a Happy Thanksgiving to you and the House of McMann.
Total comments by Frank Wheeler: 506
You are constantly calling people out, I am doing the same so perhaps we have the same calling in life. A happy thanksgiving to the house of Wheeler.
Total comments by fcmcmann: 137
Total comments by Blue Sky: 31
Total comments by Etians rd: 29
Total comments by sjd: 171
The 2 young men were granted stays (they got their licenses back) and received community service. The young woman's license was suspended for 1 yr and she rec'd 3 yrs probation. Who knows why these situations were treated so differently! Therefore we cannot speculate ... more as to why the judge issued a stay on Linda's license. I hope this ends the confusion and biasness.
Total comments by Sam: 223
Total comments by littleplains: 149
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