MATTER OF GOEBEL v. TOFANY


44 A.D.2d 615 (1974)

In the Matter of Hans G. Goebel, 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.

March 14, 1974


Petitioner was arrested for operating a motor vehicle while in an intoxicated condition. The arresting officer, a Trooper in the Division of State Police, testified that he provided petitioner with an opportunity to take a chemical test for intoxication and gave him the statutory warning in the event of a refusal, but that petitioner declined to subject himself to this test. He further testified that he discussed the consequences of a refusal to take the test while petitioner...

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