O'Dea v. Tofany

Judgment unanimously reversed, without costs, and determination of Commissioner of Motor Vehicles confirmed. Memorandum: The Commissioner appeals from Special Term’s order which annulled the revocation of petitioner-respondent’s driver’s license for “refusing to take the intoximeter test”. Petitioner was arrested on May 29, 1969 at 3:40 a.m. for driving while intoxicated. He was taken to the State police barracks and was requested to submit to a chemical test after having been properly informed of the consequences of his refusal to do so. The request was made at least three times and each…