MATTER OF SMITH v. COMM'R OF MOTOR VEHICLES


103 A.D.2d 865 (1984)

In the Matter of Jeffrey J. Smith, Petitioner, v. Commissioner of Motor Vehicles, Respondent

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

July 5, 1984


¶ Petitioner contends that the arresting officer lacked probable cause to stop the vehicle which he was operating on the evening of February 1, 1981 and that the police thereafter failed to comply with the requirements of section 1194 of the Vehicle and Traffic Law applicable to chemical tests. He further contends that he was prejudiced by the delay in respondent's administrative review of the initial order of revocation. The primary question to be decided in this proceeding...

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