MATTER OF REED v. NEW YORK STATE DEP'T OF MOTOR VEHICLES


59 A.D.2d 974 (1977)

In the Matter of Allan D. Reed, Petitioner, v. New York State Department of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 1977


At the time of his arrest for driving while intoxicated, petitioner refused to submit to a breathalyzer test despite the arresting officer's warning that such refusal could lead to revocation of his license. He refused again at the police station, but as he was about to be taken from the station for arraignment he requested the test. The officer would not administer it, even though there remained enough time to complete the test within the two-hour statutory period (Vehicle...

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