MATTER OF McGUIRK v. FISHER


55 A.D.2d 706 (1976)

In the Matter of William D. McGuirk, Petitioner, v. Arnold B. Fisher, 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.

December 2, 1976


The evidence establishes that on October 6, 1973 at about 3:30 A.M., petitioner was arrested at the scene of a one-car accident which did not involve his car. He had left his car standing on the highway while he and the passenger in his car were attending to an injured person in a damaged car off the highway. While being questioned by a State trooper at the scene, petitioner was charged with driving while intoxicated and taken to the State Police barracks for a breathalyzer...

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