From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens injury lawyer)

First Dept.

Admitted to Bar: 1969

Discipline imposed: Disbarment effective on November 18, 2010.

From the very beginning, this lawyer did dirty.

When he was hired, he had his clients (husband and wife) sign a "litigation financing agreement" under which the expenses fronted by Cousins would be charged to the clients at 15% annual interest. While this may, arguably, be ethical, Cousins was dealing with a brain-damaged client who was not in a position to negotiate the terms of Cousins' retainer.

To finance Veneski's case Cousins then borrowed money (hundreds of thousand of dollars) from various litigation funding companies, pledging some of the same collateral to both entities - another no-no.

Cousins does a good job, winning a jury verdict of over $4 Million for his clients.

On February 26, 2000 he has the brain-damaged Mr. Veneski sign an affidavit supporting Cousins in seeking permission from a judge to take an extra attorney fee (extra pay) for his work.

Cousins does nothing at all with this affidavit, not seeking court approval for an attorney fee increase, for six years (until 2006).

The jury verdict not being the end of the case, the malpractice action was settled in November 2002 for $3 Million plus an annuity (future payments) that would give Veneski $750,000 over 20 years.

In December 2002 Cousins tells his client (Veneski) that the settlement money is expected, and calculated his own attorney fee to overpay himself.

The malpractice defendants' main insurance carrier closed and Cousins told the New York State agency that took over the settlement his attorney's fee on the next settlement payment was $212,500. However, in October 2003 Cousins wrote to his client (Mr. Veneski) that he was owed more than $450,000.

After receiving the payment, Mr. Veneski gave Cousins a check for $454,450.55. On the memo line of the check Cousins had Veneski cross out the words "attorneys fees" he had written on the memo line, and substitute the word "gift." At the same meeting, Mr. Veneski signed a gift tax return in blank, which he sent to his accountant to fill in.

When Cousins received the first annuity (settlement) payment of $20,000 in October 2005, he wrote to Mr. Veneski that he was applying it to disbursements and interest.

Meanwhile, in July 2003, lawsuits broke out between the funding companies that lent money to Cousins and/or Veneski. One funding company claimed that when Mr. Veneski signed the February 26, 2000 affidavit supporting a potential application for increased attorney's fees, Cousins was committing fraud to persuade that company to make the loan.

In December 2003 one funding company got the $212,500 fee claimed by Cousins.

Other lawsuits by funding companies were resolved upon Cousin's payment of $340,000.

Finally, on February 1, 2006, Cousins filed a motion in the Veneski action for an increased fee. The Veneskis (with a new attorney) cross-moved for an order finding that Cousins owed them $1,231,061.89.

On January 30, 2007, New York Supreme Court Justice Heitler determined that Cousins had over billed and received an excess fee without court approval. Cousins tried to argue that Veneski had given him the extra money a gift, but the Court pointed out that a brain damaged client should have had an independent attorney to represent him in making such a gift.

On May 21, 2008, Justice Heitler found that Cousins overcharged $56,924.06 in disbursements and ordered him to return that money, plus excessive attorney's fees of $508,229.70, with interest, and judgment was entered against Cousins on January 7, 2009, in the amount of $619,538.25.

In the face of disciplinary charges, Cousins maintained that he accepted a gift given by Mr. Veneski to extricate the Veneskis from a funding company lawsuit and that any claim of duress or undue influence was vitiated by Mr. Veneski reaffirming the gift multiple times over the ensuing years while represented by other counsel.

On November 24, 2009, a court-appointed Referee submitted his report and recommended disbarment. The Referee found "incredible" Cousins' testimony that Mr. Veneski intended to make a gift of $454,000, or that Cousins believed in good faith that it was a gift. In addition to the fact that Justice Heitler had also rejected Cousins' claim as "incredible," the Referee based his conclusion on several factors, including that at the time each installment of the settlement payment was due, Cousins wrote to Mr. Veneski that he was "owed" one-third of the amounts as "attorney's fees"; Mr. Veneski originally wrote "attorneys fees" on the memo line of the $454,000 check and only wrote "gift" at Cousins' request; nothing in the relationship between Mr. Veneski and Cousins would explain a gift of that amount; Cousins did not "take any of the precautions one would expect a lawyer to take when accepting a 'gift' of this magnitude from a client in circumstances such as this"; and Cousins' belated motion for increased legal fees was inconsistent with his claim that he had received such a substantial gift.

The Court holds: Disbarment is the appropriate sanction. Cousins charged a brain-damaged client over $500,000 more than the statutory maximum in attorney's fees. He tried to disguise those fees as a gift, and deceived his client to secure his assistance in the charade. Cousins has yet to satisfy the judgment directing him to return those fees and the over-billed disbursements, and he has a pending petition for Chapter 7 Bankruptcy relief.

The Court points out that: "The Referee, who had an opportunity to observe Cousins, found him to be deficient in honesty, remorse, and insight."

Comment: The Court mentions but does not discuss Cousins' bankruptcy filing. Cousins' bankruptcy means that Veneski is probably not getting back all of the more than $600,000 that Cousins owes him. And with Cousins disbarred, it does not seem likely that he could earn the money to repay Veneski. So I wonder, if Cousins hadn't filed for bankruptcy might the Court have let him keep working so he could pay back Veneski? Or if Cousins had paid the judgment to Veneski right away, might Cousins have been permitted to keep his law license as a sort-of-reward? I wonder.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

An elevator malfunction caused a 47 year-old woman to get caught in a Brooklyn hospital elevator on Christmas, Saturday December 25, 2010. She was dragged upwards eight floors in the elevator with her leg sticking out of the door.

According to sources, the unnamed woman, got her leg snagged in the closing door of the elevator on the first floor of Brooklyn's SUNY Downstate Medical Center shortly before 5PM.

Her leg was wedged between the elevator car and the shaft.

A horrified witness dialed 911, and firefighters responded to the hospital.

Power to the elevator was turned off and the elevator was clamped open. The rescuers used cutting tools known as the "jaws of life" to try to free the woman. When the jaws of life didn't do the job,

Once inside, a team of New York's Bravest tied a tourniquet around the woman's severely bleeding leg, and ended up cutting a hole in the floor of the elevator car.

A fire department spokesman said firefighters used an airbag and the jaws of life to free the woman as emergency medical workers treated her "major trauma" and "major loss of blood."

Some firefighters were surprised her leg had even stayed attached during the brutal ordeal.

"There was a lot of blood," said one source.

"A big chunk of her leg was missing," another source said. "It looked like someone ripped it open with a knife."

After the 55-minute rescue, hospital staff transported the woman next-door to Brooklyn's Kings County Hospital, where she underwent surgery.

Sources said the woman, whose name has not been released, was expected to survive the horrific injuries.

It is believed that the woman was visiting as hospitsl patient at the time.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

Under New York law, if you're playing sports and get hurt while playing, you generally can't sue someone else for negligence in causing your injury. For example, if you've been hit by a pitch while taking a turn at bat. Or injured while playing tackle football with friends. Or hurt in the face by a tennis ball during a tennis volley, or tripping over the tennis net, etc.

Even spectators have been found to not be able to sue when injured, if the injury if foreseeable given the nature of the sport-such as getting hit with a foul ball while in the stands during a baseball game. Or if a basketball player accidentally lands in your lap while falling into your front row seat.

Exceptions to the Assumption of the Risk Doctrine may be found where there is a hidden defect in the equipment used or the playing area, or if a participant intentionally or recklessly injures another. Would a hockey game players' fight count since it might be foreseeable that players might fight? What if there was known "bad blood" between the combatants?

In any event, New York's highest court, the Court of Appeals, has presented us with a decision addressing the dangers of playing golf.

On December 21, 2010, New York's Court of Appeals threw out an injury claim by a doctor blinded in one eye by a golf ball and could no longer practice medicine. The issue was whether his golf partner's failure to yell the traditional warning of "fore" was negligent.

Dr. Anoop Kapoor and Dr. Azad Anand were playing on a nine-hole Long Island course in October 2002 when Anand was hit in the head while looking for his ball on a fairway, injuring him in one eye. The seven judges on the state Court of Appeals, siding with lower courts, said Kapoor's failure to yell "fore" in advance of his errant shot from the rough did not amount to intentional or reckless conduct.

The Court wrote: "The manner in which Anand was injured -- being hit without warning by a 'shanked' shot while one searches for one's own ball -- reflects a commonly appreciated risk of golf," the judges wrote.

The judges also broadly outlined the test under New York case law for determining when another golfer crosses the line and could be sued. "A person who chooses to participate in a sport or recreational activity consents to certain risks" that are inherent to that activity, the judges wrote. "However, a plaintiff 'will not be deemed to have assumed the risks of reckless or intentional conduct or concealed or unreasonably increased risks.'"

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

A Sanitation Department worker was struck by a car and killed on Tuesday he crossed a Bronx street in front of the station where he worked, officials said.

Mayor Bloomberg says his "thoughts and prayers" are with the family of a municipal sanitation worker who was struck and killed by a car.

Bloomberg said that 39-year-old Angel Roldan was hit by a car outside his sanitation garage in the Bronx on Tuesday, December 21, 2010. The married father of two was taken to Jacobi Medical Center where he died.

Sanitation Commissioner John J. Doherty says Roldan was a "dedicated employee" and that he will be missed.

The 45-year-old driver of the blue Honda Pilot that hit Roldan remained at the scene and was not expected to be charged.

The mayor said Roldan had worked for the Department of Sanitation for 11 years. He is survived by his wife, an 18-year-old daughter and a 14-year-old son.

His wife, Rena, works for the police department as a traffic enforcement agent.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firms named below, announced a voluntary recalls of the following consumer products.

Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

1. HEATER

Units:  About 2.2 millionImporter:   Wal-Mart Stores Inc., of Bentonville, Arkansas

Injuries/Accidents: Wal-Mart has received 21 reports of incidents, which included 11 reports of property damage beyond the heater. Injuries were reported in four incidents, three of which required medical attention for minor burns and smoke inhalation. The remaining incidents included smoke irritation, sparking or property damage beyond the heater.

Description: This recall involves Flow Pro, Airtech, Aloha Breeze and Comfort Essentials 1500 watt heaters. The heaters are grey with a metal handle on the top with vents and grey control knobs on the front. The model number is 1013 and can be found on a label on the lower left corner of the back panel of the heater.

Sold Exclusively at: Walmart stores nationwide from December 2001 through October 2009 for about $18.

Manufactured in: China

Remedy: Consumers should immediately stop using the recalled heater and return the product to any Walmart store for a full refund.

Name of Product: Sterno Portable Butane Stoves

Units: About 37,500

Importer: The Sterno Group LLC, of Des Plaines, Ill. 

Hazard: The stove's "on-off" valve can fail to close completely when turned to the "off" position, causing butane to leak from the stove. This poses a fire and burn hazard to consumers.

Incidents/Injuries: Sterno has received one report of a stove failing to completely shut off. No injuries have been reported.

Description: The recalled portable butane stoves have model numbers STO6001 and 50006. The single burner stoves are black and measure about 14 inches wide x 12 inches long x 4 inches high. They use an eight-ounce butane canister as the fuel source. "Sterno" is printed on the front of the stove. The model number and UPC 0-27371-50006-9 or UPC 0-76642-06001-6 is printed on the stove's packaging.

Sold at: Sporting goods stores and other retail stores nationwide, including Puerto Rico, from September 2009 through September 2010, and to restaurants and restaurant supply stores from August 2006 through September 2010 for between $20 and $30.

Manufactured in: China

Remedy: Consumers should immediately stop using the recalled portable butane stoves and contact Sterno for instructions to return the units to Sterno for a free replacement stove. Do not return the stoves to the place of purchase.

Name of Product: Fagor Refrigerators

Units: About 1,400

Importer: Fagor America Inc., of Lyndhurst, N.J.

Hazard: The refrigerator's control board can overheat, posing a fire hazard to consumers.

Incidents/Injuries: Fagor America has received 19 reports of incidents, including two reports of fires resulting in damage to the refrigerator and surrounding property. No injuries have been reported.

Description: This recall involves Fagor 24-inch wide refrigerators sold in stainless steel and black. "Fagor" is printed on the refrigerator's front door. Model and serial numbers are located inside the refrigerator door, on the left hand side near the food storage drawers.

Sold at: Specialty Home Appliance Stores nationwide between July 2006 and May 2010 for between $2,000 and $2,500.

Manufactured in: Spain

Remedy: Consumers should immediately stop using the refrigerator, unplug it and contact the Fagor repair hotline to schedule a free inspection and repair.

4.      CDX DESK AND TABLE LAMPS

Name of Product: Desk and Table Lamps

Units: About 1,600

Wholesaler: CDX Group Inc., of Brooklyn, NewYork.

Hazard: Substandard electrical wiring, connections and plugs in these lamps pose a fire and shock risk to consumers.

Incidents/Injuries: None reported.

Description: This recall involves eight different desk and table lamps including item numbers 207, 303, 9774, 1108, 1109, 049-1, 054-8 and 2001-271B. The item numbers are printed on the lamps' packaging.

Sold at: CDX Group's showroom, New Chens Discount, Concordia Trading Inc. and Grace Mini Market in Brooklyn, New York and Dollar King in Lexington, Ky. from April 2010 through July 2010 for between $5 and $10.

Manufactured in: China

Remedy: Consumers should immediately stop using the recalled lamps and contact CDX Group to return the lamps to the place where purchased for a full refund.

5.   BED BATH & BEYOND SILVER METALLIC PILLAR CANDLES

Name of Product: Silver Metallic Pillar Candles

Units: About 12,000

Manufacturer: General Wax & Candle Company, of North Hollywood, Calif.

Hazard: The metallic paint on the candles can ignite, posing a risk of fire.

Incidents/Injuries: None reported.

Description: This recall involves metallic pillar candles sold in two sizes: 2.8 by 4 inches and 2.8 by 6 inches. "Metallic Pillar Candle" and UPC code 86718 56082 or 86718 56092 is printed on the bottom of the candles' plastic wrapping.

Sold exclusively at: Bed Bath and Beyond stores nationwide from October 2010 through November 2010 for between $8 and $10.

Manufactured in: United States

Remedy: Consumers should stop using the recalled candles and return them to any Bed Bath and Beyond store or contact General Wax and Candle for a full refund.

Name of Product: Forever-Glo® Cylinder Nite Lites

Units: About 272,000

Importer: American Tack & Hardware Co. Inc. (AmerTac), of Saddle River, N.J.

Hazard: An electrical short circuit in the night light can cause it to overheat and smolder or melt which can burn consumers or result in a fire.

Incidents/Injuries: AmerTac has received nine reports of the recalled night lights smoking, burning, melting and/or charring. No injuries have been reported.

Description: The recalled Forever-Glo® Cylinder Nite Lite is a cylinder shaped night light with a white base and clear top that plugs into the wall. Only Model Number 71107 with a manufacturer code of SY is included in this recall. The model number and manufacturer code are printed on the back of the night light. The light measures about 4 inches in height by 1- 1/2 inches wide and is about 1 inch deep.

Sold at: Hardware stores, lighting showrooms and home centers nationwide from May 2009 through September 2010 for about $5.

Manufactured in: China

Remedy: Consumers should stop using the recalled night lights immediately. If the units are plugged into the wall, remove the light from the wall socket. Contact the firm for instructions on receiving a full refund.

Name of Product: Touch Point Oscillating Ceramic Heaters

Units: About 6,700

Importer: Meijer, of Grand Rapids, Mich.

Manufacturer: Ningbo Dongji Electronic Tech Co. LTC, of Ningbo, Dongki, China

Hazard: The oscillating mechanism in the heaters can short out, posing a fire hazard to consumers.

Incidents/Injuries: Meijer has received two reports of incidents involving fires that resulted in property damage. No injuries have been reported.

Description: This recall involves Touch Point PTC oscillating ceramic heater with model number PTC-902 and serial numbers between 35005-43008. Model and serial numbers are located on a sticker on the bottom of the heater. The grey/silver colored heaters are about 10 inches tall and have a screen across the front.

Sold exclusively at: Meijer stores in Indiana, Illinois, Kentucky, Michigan, and Ohio from October 2009 through October 2010 for about $25.

Manufactured in: China

Remedy: Consumers should immediately stop using the recalled heaters and return them to the nearest Meijer retail store for a full refund of the purchase price.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

A Brooklyn teen accused of texting when she mowed down 53-year-old deliveryman Tian Sheng Lin on a scooter was indicted Monday on charges of criminally negligent homicide.

Nechama Rothberger, 19, had previously been charged with reckless driving and use of a mobile telephone after she plowed into Lin on September 19th -- subject of a previous blog post.

Lin was hurled from his scooter, suffered massive organ damage and lingered at Kings County Hospital after the crash. The father of three was declared brain dead shortly after the crash. He later died.

Rothberger, also of Midwood, was texting while she was driving, and hit Lin, who was stopped at a red light at 17th Street and Avenue P, Brooklyn, according to a criminal complaint.

Rothberger, the daughter of a physician, was driving a Toyota Camry and told cops she didn't see Lin, according to the complaint. She was texting when the cops arrived at the scene of the accident, the complaint states. At her arraignment in September, prosecutors said that cops found Rothenberger's cell phone in her car with a half-written outgoing message.

Her attorney, Jeffrey Schwartz, says, "We're hoping to resolve this case in a way that doesn't destroy her future." Rothberger remains free on $5,000 bail.

The Brooklyn DA's office declined to comment because the indictment has yet to be filed.

Comment: Will the doctor's teenage daughter get away with murder - after killing the scooter-riding deliveryman?

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)

Sometimes when you're the victim of a crime or rip off, if it's non-violent and there's no real permanent damage except you lose some money and maybe your pride is dinged, in a circumstance such as that you can sometimes admire evil genius. Not as an example to be followed but to be avoided and maybe with a thought of how successful such a mind might be if it served good and if it did not direct its energy to "The Dark Side."

Vitaly Borker of Sheepshead Bay, Brooklyn, is our villain. His terribly nasty scam is gorgeous.

He sold designer eyeglasses over the Internet. And has customers always had problems, say things like non-delivery or being overcharged or the eyeglasses would be delivered but be bootleg or fake designer brands.

Hear's the beautiful part: Borker would never try to make things right. He wanted customers to be unhappy so they'd complain. If fact, he took steps to ensure that they'd be unhappy. He'd offend, harass, and cyber-bully his customers. He ran his website, DecorMyEyes so as to maximize bad publicity.

According to authorities, Borker:

*Regularly e-mailed customers expletive-filled notes.

*Told one woman's husband that he was married to a "f----g whore."

*Threatened to sexually assault another woman.

*Posted Google Earth pics of his victim's homes -- and warned he knew how to find them.

Why, you might ask?

According to Mr. Borker, each bad review boosts his site's PageRank - meaning that the site comes out on top of Google's ratings for many of the products he sells. While a direct Google search for 'DecorMyEyes' elicits the site and its many negative reviews, searching for individual products and brands does not. The reason, cited by an anonymous Google publicist, is that the large number of links to DecorMyEyes from reputable sites such as Ripoff Report make it a high-ranking site for the different products it sells. This raised its profile on Google - boosted by negative consumer comments - and drew traffic to his business.

That's what New York Times reporter David Segal alleges in a lengthy exposé that says the search engine may be partially "unable to distinguish between adulatory buzz and scathing critics when it scours the digital universe and ranks the best and the brightest."

According to one journalist discussing the diminishing returns of publicly shaming a poor on-line service: "We usually think of a negative Google result as a terrible stain on our character that will haunt us forever, but Borker has figured out how to game the system....Maybe we've been overestimating the power of embarrassing Google results all along? The shame of a Google stain doesn't have much effect on someone who's shameless."

December 6, 2010 Vitaly Borker, age 34, also known as "Tony Russo," was arrested in the spacious Sheepshead Bay home he shares with his wife and 2-year-old. He may have been a tough guy online and on the phone but when he was cuffed he was bawling like a baby, sources said.

Agents of the United States Postal Inspection Service picked him up on charges of mail fraud, wire fraud, making interstate threats and cyber-stalking and arraigned him in the United States District Court in Manhattan. The complaint against him says he made threatening phone calls to customers, saying things such as "I can hurt you" and "I know where you work" after they complained about his products. It also alleges he threatened some with sexual assault.

Assistant U.S. Attorney E. Danya Perry described him as the messenger for "absolutely unspeakable and bone-chilling" threats that frightened hundreds of customers around the world, leaving many of them in fear of their lives. Bail was denied on the basis that he was a threat to the community. A search of the Borker's home resulted in confiscation of a stock of counterfeit eyeglasses and a few guns and some child pornography. New York State charges, under investigation, are pending.

Whether Borker's theories about Google were correct is unclear. However, the issue is now moot: Google says it's changing the way its search function works, dropping down on the "results" page those merchants with horrid customer ratings.

Google responded to the New York Times story by writing an algorithm that "detects the merchant from the Times article along with hundreds of other merchants that, in our opinion, provide an extremely poor user experience" and significantly reduces their search visibility on product searches.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)

Drag racing is to blame for a horrific crash in Queens that left one man dead and another critically injured on Monday, November 29, 2010, police sources said.

Geraud Gray, 24, of Brooklyn, lost control of his 2003 black Nissan Maxima while traveling westbound in the center lane along North Conduit Avenue near 78th Street in Ozone Park, on a curve, slamming into a pole on North Conduit Ave. near 78th St. in Ozone Park about 10:16 a.m. yesterday, authorities said.

The car flipped over onto its roof, skidded along the roadway and jumped the curb, where it smashed into and sheared two telephone poles, leaving the car crumpled, witnesses said.

Witnesses reported he was speeding and driving erratically on a stretch of North Conduit Ave. that's a hot spot for drag-racing, cops said Police estimate the vehicle was traveling in excess of 90 mph, sources said.

"The car was smoking. All you saw were desperate hands, coming out, waving for help," said Consuelo Aviles, 47, who witnessed the wreck while driving to work.

"The impact was so bad, we tried to help everyone but didn't know where to start. The only thing I was able to do was call 911."

Two men were in the vehicle. The driver was taken to Brookdale hospital where he was listed in critical condition, sources said. Amazingly, an 18-year-old man in the passenger seat somehow survived and is in stable condition at Brookdale University Hospital, authorities said. His
name was not released.

The male passenger was pronounced dead at the scene, police said.

Neighbors said racing is nothing new to the area.

"People want to drive like maniacs. They speed-race here every day. And every year, someone gets killed," said Latoya Medford, 24, who lives nearby.

The name of the dead passenger was being withheld by police pending notification of family.

Two other vehicles involved in the race never stopped, witnesses said.

The victim was driving a red Mercury Sable north on Ocean Ave. when he was struck by a southbound black Volkswagen (below) that crossed the double yellow line, cops said.

A 25-year-old Brooklyn yeshiva student, Moshe Berkowitz, was killed when his car was struck by a drunken driver who may have been drag racing, police sources and a witness said.

The crash occurred on Ocean Ave. near Avenue N just after 11:35 p.m. on Monday, November 29, 2010, police said.

The victim was driving a red Mercury Sable north on Ocean Ave. when he was struck by a southbound black Volkswagen Passat that crossed the double yellow line, cops said.

The victim was rushed to Maimonides Hospital, where he died a short time later. The driver was taken to nearby Kings County Hospital.

The suspect and a woman in the car with him were taken to the same hospital with minor injuries, police said. The driver's blood-alcohol level was more than twice the legal limit of .08, sources said, and he is expected to be charged with vehicular manslaughter and driving while intoxicated.

A witness to the aftermath of the crash said the suspect and his passenger reeked of booze.