Legal Opinion
People v. Gonzales
Criminal Court of the City of New York
Decided December 27, 1984Published
1Opinion of the Court
OPINION OF THE COURT
William M. Erlbaum, J.
The defendant is accused of operating an automobile under the influence of alcohol, a misdemeanor defined in Vehicle and Traffic Law § 1192 (2). The statute forbids motor vehicle operation while the operator "has .10 of one per centum or more by weight of alcohol in his blood”.
Defense counsel, arguing that even an extraordinary person is hardpressed to know the percentage of alcohol in his or her bloodstream and lacks reasonable means of knowing when the threshold of criminality is about to be crossed,1 moves to dismiss the case for failure of fair…
2Cases cited7 opinions
- Village of Schaumburg v. Citizens for a Better EnvironmentSupreme Court of the United States · 1980
- People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1984
- People v. Drumm, New York County Courts1984
- People v. HochheimerNew York Supreme Court · 1983
- People v. SchmidtCriminal Court of the City of New York · 1984
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