MATTER OF HOFFMAN v. MELTON


81 A.D.2d 709 (1981)

In the Matter of Gary W. Hoffman, Petitioner, v. James P. Melton, as Commissioner of The Department of Motor Vehicles, Respondent

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

April 23, 1981


On March 28, 1979, petitioner was arrested for driving while intoxicated and taken to State Police barracks. He was then asked to submit to a chemical test and advised that if he refused to submit to the test his driver's license could be revoked. He was also informed that the fact that he refused could be used against him in any trial or proceeding resulting from the arrest. The arresting officer testified at the hearing, without objection by petitioner, that petitioner...

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