The petitioner was charged with a misdemeanor (in operating a motor vehicle while under the influence of alcohol [Vehicle and Traffic Law, § 1192, subd. 2]) and was convicted, upon his plea of guilty, of a traffic infraction (in operating a motor vehicle while his ability was impaired by the consumption of alcohol [Vehicle and Traffic Law, § 1192, subd. 1]). He brings this article 78 proceeding to require the respondent to return...
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