Jason v. Melton

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Montgomery County) to review a determination of the Commissioner of Motor Vehicles revoking petitioner’s license to operate a motor vehicle. Petitioner was arrested on April 27, 1975 for driving while intoxicated and it is conceded that he thereafter refused to consent to a chemical test to determine the alcoholic content of his blood. The issue is whether he was first adequately warned of the consequences such a refusal might entail (see Vehicle and Traffic Law, § 1194,…