MATTER OF VENTURA


108 Misc.2d 281 (1981)

In the Matter of Stephen G. Ventura, Petitioner.

Supreme Court, Monroe County.

March 10, 1981


Attorney(s) appearing for the Case

Brophy, Mitrano & Platania (Gerard A. Mitrano of counsel), for petitioner. Dale S. Engle for New York State Department of Motor Vehicles.


ROBERT H. WAGNER, J.

The question presented for determination is whether subdivision 2 of section 1194 of the New York State Vehicle and Traffic Law which mandates suspension of a driver's license prior to a revocation hearing because of the driver's refusal to submit to a chemical test upon arrest for driving while intoxicated is void on its face as violative of the due process clause of the Fourteenth Amendment of the United States Constitution and...

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