The instant appeal presents a question concerning the proper legal standard for determining if the accused was driving while intoxicated within the meaning of Vehicle and Traffic Law § 1192 (3).
On February 10, 1983, at approximately 1:55 A.M., Suffolk County Police Officers Gary Miller and Daniel Rudek were driving in a marked patrol car eastbound on Route 25 in Center-each, New York. Officer Miller saw a 1974 Lincoln automobile...
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