EVANS v. COMM'R OF MOTOR VEHICLES OF THE STATE OF NEW YORK


128 A.D.2d 501 (1987)

John B. Evans, Petitioner, v. Commissioner of Motor Vehicles of the State of New York, Respondent

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

March 2, 1987


Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

There was substantial evidence supporting the Commissioner's finding that the police had reasonable cause to believe that the petitioner had been driving an automobile while impaired by alcohol in violation of Vehicle and Traffic Law § 1192. Thus, the police were warranted in requesting the petitioner to take a test to determine the alcoholic...

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