MATTER OF DOBBINS v. TOFANY


38 A.D.2d 870 (1972)

In the Matter of Charles R. Dobbins, 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, Third Department.

February 24, 1972


Although there is a conflict as to certain evidence, the officer testified that he asked petitioner if he would submit to a chemical test to determine the alcoholic content of his blood and warned him of the possible consequences upon failure to do so; that petitioner indicated his willingness for such a test and he was taken to a doctor's office in said community; that the physician returned to his office at about 11:45 that night and, when he proceeded to take a sample...

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