O'Connor v. Tofany

George Beisheim, Jr., J.

This is an article 78 proceeding in which petitioner seeks to annul the revocation, after hearing, of her motor vehicle operator’s license for failure to submit to a chemical test for intoxication (Vehicle and Traffic Law, § 1194).

On October 4,1971, after petitioner was arrested and charged with driving while intoxicated, she refused to submit to a chemical test for intoxication. Prior to her refusal, certain warnings were given to petitioner by the arresting officer, and the question before the court is whether the warnings as given complied with the requirements of…