Sowa v. Hults

Proceeding under article 78 (CPLR) to review the determination of the Commissioner of Motor Vehicles revoking petitioner’s driver’s license for refusal to submit to a chemical test to determine the alcoholic content of his blood. The petitioner, Joseph C. Sowa, was arrested on October 16, 1963, by a New York State Trooper and charged with driving while intoxicated. The trooper testified that he noticed a car pull on to Route 427 a two-lane, north-south highway in the Town of Southport, County of Chemung and proceed north at about 2:30 a,m. He testified he observed the car cross the middle…