MATTER OF ECHOLS v. TOFANY


34 A.D.2d 930 (1970)

In the Matter of Mattie L. Echols, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

June 18, 1970


Determination of the respondent made November 17, 1969, revoking the petitioner's license, unanimously annulled, on the law, without costs and without disbursements, and the same is vacated.

We conclude that on this record there is no substantial evidence to support the conclusion that petitioner was actually driving the vehicle while intoxicated so as to justify the request that she take the chemical test for intoxication; nor is there substantial evidence to support...

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