MATTER OF BRADY v. TOFANY


36 A.D.2d 987 (1971)

In the Matter of Peter Brady, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Appellant

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

May 13, 1971


On November 10, 1969, at about 3:15 A.M., petitioner was arrested in the City of Glens Falls by a local patrolman and charged with driving while intoxicated. Concededly he was given the warning prescribed by section 1194 of the Vehicle and Traffic Law and he was further advised that he was entitled to legal counsel. Petitioner agreed to submit to the chemical test. He accompanied the patrolman to the hospital where he was permitted to phone his wife. He then declined to take...

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