MATTER OF SHIELDS v. HULTS


26 A.D.2d 971 (1966)

In the Matter of Donald V. Shields, Petitioner, v. William S. Hults, as Commissioner of The Department of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1966


REYNOLDS, J.

It is not disputed that the arresting officer had cause to request that petitioner take the test and that petitioner refused to take the test. Petitioner's position is that he was justified in refusing to take the test because the police officer would not allow him to call a physician of his own choosing for the purpose of administering an additional test as permitted by subdivision 4 of section 1194 of the Vehicle and Traffic Law. The testimony...

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