The defendant is charged with driving while intoxicated, in violation of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law.
It was alleged by the defendant that at the time of his detention at 8:40 P.M., he asked that he be allowed to contact his attorney. He was allowed this right, and his attorney appeared at the police station at 10:00 P.M.
After the attorney's appearance, the breathalyzer test...
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