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Nov 30, 2009 11:29 AMPublication: The Southampton Press

Kabot's day in court is delayed a second time

Editor's Note: This article was published in the November 26 issue of The Southampton Press.
Nov 30, 2009 11:29 AM

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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WOW, no talk of a conspiracy in an article that mentions Linda Kabot. Shocking!!
By Bayman1 (297), Sag Harbor on Nov 24, 09 5:33 PM
I just do not understand how this trial gets keeps getting delays and why does her drivers license get restored when it is State law that it is suspended for one year when you refuse the test ? Looks like someone is getting special treatment and if so that is a sin.
By sjd (420), Westhampton Beach on Nov 25, 09 1:05 AM
Suspension for refusing to take a breath test requires that the stop and arrest be proper in the first instance. The legality of the stop and arrest are being directly challenged and Mrs. Kabot, like any other defendant, has the right to make that challenge. The fact that many others do not choose to fight and Mrs. Kabot does, does not make it special treatment or sinful.

It also doesn't matter what readers have presumed about her guilt, what matters is the evidence when it is finally ...more
By Publius (358), Westhampton Beach on Nov 25, 09 8:18 AM
1 member liked this comment
This is just another in a string of things you "do not understand," SJD -- her driver's license was restored as part of an appeals process as provided for by law.

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.
By Frank Wheeler (1826), Northampton on Nov 25, 09 11:26 AM
Publius, you win hands down, the "Most Misinformed Citizen Award"
By Bayman1 (297), Sag Harbor on Nov 25, 09 2:02 PM
Mr. Wheeler, again with the personal attacks? How do you know he has "no clue"? And what do you mean "even YOU"? At least your consistent.
By fcmcmann (417), Hampton Bays on Nov 25, 09 2:42 PM
I'm delighted you have found your calling in life, fcmcmann.

>> 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.
By Frank Wheeler (1826), Northampton on Nov 25, 09 3:49 PM
1 member liked this comment
Hmmmmn... that seem to have been garbled, as I apparently keyed in some secret code which deleted the main text of my response. I'll try again.

>> 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
By Frank Wheeler (1826), Northampton on Nov 25, 09 3:55 PM
One could draw the same conclusions as to whether or not you have a clue by reading your posts as well. Are you angry I didn't scold Bayman1? Let me remedy that - Bayman1, why result to Frank Wheeler tactics to make your point?

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.
By fcmcmann (417), Hampton Bays on Nov 25, 09 6:57 PM
Sorry Linda but you have to take your place behind the FELONS,
By Etians rd (543), Southampton on Nov 25, 09 10:03 AM
"Frank Wheeler" As "fcmcmann" stated all you seem to do is attack people for their comments and that is something we ALL understand.
By sjd (420), Westhampton Beach on Nov 25, 09 10:58 PM
Ironically I just happen to be in traffic court yesterday due to an expired registration (mine was dismissed.) But there just happened to be TWO young men and ONE young woman there - all 3 charged with DWI's. (separate incidents.)
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
By Sam (252), Westhampton Beach on Nov 26, 09 10:30 AM
We need that 4th Judge just to handle all the criminal cases from Kabot and her posse. We have DWI, her slumlord aunt, and the brawling budget guy, who else?
By littleplains (305), olde england on Nov 27, 09 10:13 AM
1 member liked this comment