Neet v. Hults

Proceeding under article 78 of the CPLR to review a determination of the Commissioner of the Department of Motor Vehicles which revoked petitioner’s operator’s license for refusal to submit to a chemical test to determine the alcoholic content of his blood following his arrest for driving while intoxicated. (Vehicle and Traffic Law, § 1194, subd. 1.) Concededly, petitioner declined a proper request that he consent to a blood test and, according to the arresting State trooper’s testimony, so declined more than once. It is provided in subdivision 3 of section 1192 of the Vehicle and Traffic Law…