Early in the morning of August 13, 1974 petitioner was arrested by a Saratoga County Deputy Sheriff for operating a motor vehicle while intoxicated. His driver's license was subsequently revoked, after a hearing, for failure to submit to a chemical test pursuant to section 1194 of the Vehicle and Traffic Law. Petitioner maintains he was not driving a vehicle when arrested, a necessary prerequisite to a valid request to submit to a chemical test pursuant to section 1194 of...
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