MATTER OF WHELAN v. ADDUCI


133 A.D.2d 273 (1987)

In the Matter of Thomas F. Whelan, Petitioner, v. Patricia B. Adduci, as Commissioner of The New York State Department of Motor Vehicles, Respondent

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

August 31, 1987


Adjudged that the order is confirmed, with costs.

The petitioner was stopped by the New York State Police in the early morning hours of January 25, 1986, on the Southern State Parkway for speeding. The police officers observed that his eyes were bloodshot and that he had the odor of alcohol on his breath. He was arrested for driving while intoxicated.

Back at the precinct 25 minutes after the arrest, the petitioner refused to submit to a chemical test to determine...

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