Determination unanimously annulled, with costs.
Memorandum:
The evidence before the hearing official shows that at about 6:15 A.M. on December 30, 1968 a police officer found petitioner asleep on the front seat of his automobile which was off the pavement on the shoulder of the highway touching a highway route sign. There was no evidence of an accident. The officer awakened petitioner, smelled alcohol on his breath and observed that he seemed confused and...
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