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MATTER OF TOMPKINS v. MELTON

57 A.D.2d 682 (1977)

In the Matter of Donald W. Tompkins, Petitioner, v. James P. Melton, as Commissioner of Motor Vehicles, Respondent

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

April 28, 1977

While operating his pickup truck in the Village of Margaretville on January 30, 1975, petitioner was involved in a one-car accident. A State trooper arrived to investigate the incident and, after some conversation with him, arrested petitioner for operating a motor vehicle while intoxicated (Vehicle and Traffic Law, § 1192, subd 3). It is conceded that the appropriate warning was given (Vehicle and Traffic Law, § 1194). According to the trooper, petitioner was then...

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