Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
On May 24, 2008, the petitioner was arraigned on charges of refusal to submit to a chemical blood-alcohol test (see Vehicle and Traffic Law § 1194 [2]) following his arrest on suspicion of driving while intoxicated. Pursuant to Vehicle and Traffic Law § 1194 (2) (b) (3), the petitioner's driver's license was suspended pending...
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