From the petition and affidavit submitted in support of this article 78 proceeding, it appears that on August 30, 1975 the petitioner was arrested and charged with driving while intoxicated. He refused to submit to the chemical test provided for by subdivision 1 of section 1194 of the Vehicle and Traffic Law. Prior to such refusal, however, he did not receive the warning required by subdivisions 2 and 4 of that same section, to the...
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