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Legal Opinion

People v. Schmidt

Criminal Court of the City of New York

Decided April 30, 1984PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Irving Lang, J.

Universally recognized as the most effective weapon in New York’s arsenal of statutes aimed at drunken drivers is subdivision 2 of section 1192 of the Vehicle and Traffic Law. That section provides, in relevant part: “No person shall operate a motor vehicle while he has .10 of 1 per centum or more by weight of alcohol in his blood as shown by chemical analysis of his blood, breath, urine or saliva”. (Vehicle and Traffic Law, § 1192, subd 2.)

In his motion to dismiss, defendant asserts that the legislation is unconstitutional. Defendant claims, in essence,…

2Cases cited16 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Kolender v. LawsonSupreme Court of the United States · 1983
  3. Morissette v. United StatesSupreme Court of the United States · 1952
  4. United States v. HarrissSupreme Court of the United States · 1954
  5. United States v. PetrilloSupreme Court of the United States · 1947

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3Cited by6 opinions

  1. People v. MertzNew York Court of Appeals · 1986
  2. Dumont v. Commissioner of Motor VehiclesConnecticut Appellate Court · 1998
  3. People v. GatesAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. CancelCriminal Court of the City of New York · 1987
  5. People v. UzquianoJustice Court of Town of Newburgh · 1996

1 more not listed; retrieve them via the Exa API.

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