MATTER OF SWEENEY v. TOFANY


30 A.D.2d 934 (1968)

In the Matter of Thomas J. Sweeney, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

September 27, 1968


Determination unanimously annulled, without costs.

Memorandum:

Petitioner was involved in an automobile accident on April 19, 1967 at about 1:10 A.M. At 1:15 A.M. he was arrested by a police officer who asked him if he wished to submit to an alcohol test, and told him that it was not mandatory for him to do so. Petitioner said that he would like to speak to an attorney and did not wish to take the test. The accident occurred within one half mile of the office...

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