[DOWNLOAD] "Matter Paul F. Prudhomme v. William S. Hults" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Paul F. Prudhomme v. William S. Hults
- Author : Supreme Court of New York
- Release Date : January 15, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This proceeding under article 78 of the CPLR is brought to review a determination of the Commissioner of Motor Vehicles revoking petitioner's driver's license upon finding that petitioner, after being arrested upon a charge of operating a motor vehicle while intoxicated (Vehicle and Traffic Law, § 1192), refused to submit to a chemical test to determine the alcoholic content of his blood (Vehicle and Traffic Law, § 1194, subd. 1). Petitioner contends that the arresting officer did not observe him operating his automobile and for that reason the arrest was not ""for a crime, committed or attempted in his presence"" or with ""reasonable grounds for believing that a crime [was] being committed in his presence"" (Code Crim. Pro., § 177) and hence the officer did not make the valid arrest which is a necessary prerequisite to the request to submit to a chemical test and the subsequent procedures under subdivision 1 of section 1194 of the Vehicle and Traffic Law (Matter of Ballou v. Kelly, 12 Misc. 2d 178; Matter of Schutt v. Macduff, 205 Misc 43).
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