Determination confirmed and proceeding dismissed on the merits, with costs.
The petitioner challenges the constitutionality of subdivision 1 of section 227 of the Vehicle and Traffic Law and, in particular, the statutory language "and no charge may be established except by clear and convincing evidence." He submits that the standard of proof as recited in the statute is uncertain, vague and indefinite, so as to leave substantial doubt in the minds of reasonable men...
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