AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
![]() The arresting officer's failure to provide a chemical test refusal report on the form prescribed by the Department of Motor Vehicles (DMV) did not deprive the DMV of jurisdiction to conduct a chemical test refusal hearing and issue a determination to revoke petitioner's license where, as here, the arresting officer testified to the material facts required to support revocation. Petitioner commenced this CPLR article 78 proceeding challenging respondents' determination to revoke his driver's license based on his refusal to submit to a chemical breath test following his arrest for driving while intoxicated. Smith, Petitioner,Īppeals Board of the Administrative Adjudication Bureau, State Department of Motor Vehicles, and the Commissioner of Motor Vehicles, Respondent, For a Judgment Pursuant to Article 78 of the Civil Practice Law and RulesĪttorney General of the State of New York ![]() ![]() In the Matter of the Application of Timothy J. This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
0 Comments
Read More
Leave a Reply. |