MATTER OF LUDLOW v. TOFANY


37 A.D.2d 796 (1971)

In the Matter of Robert G. Ludlow, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

September 24, 1971


Determination unanimously confirmed, without costs.

Memorandum:

Petitioner drove his automobile into the rear end of a vehicle ahead of him at 12:35 A.M. on March 22, 1968 and was arrested for driving while intoxicated and taken to the police station. There, on two or more occasions, he refused the police officer's request that he take a test to determine the alcoholic content of his blood; but at 2:40 A.M. he did consent to take the test. The officer then...

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