Pringle v. Wolfe

OPINION OF THE COURT

Stephen R. Sirkin, J.

The plaintiff brings this action seeking to declare Vehicle *734and Traffic Law § 1193 (2) (e) (7) unconstitutional and seeks a preliminary injunction, pursuant to CPLR 6301, restraining enforcement of Vehicle and Traffic Law § 1193 (2) (e) (7) against the plaintiff as a result of an arrest for a violation of Vehicle and Traffic Law § 1192 (2). Plaintiff challenges Vehicle and Traffic Law § 1193 (2) (e) (7), claiming that the statute is unconstitutional based on the grounds of denial of due process, denial of equal protection and vagueness.

Section 1193 (2)…