Tyson v. Macduff

Proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Motor Vehicles suspending petitioner's chauffeur’s license for sixty days for an alleged violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. Determination annulled on the law, without costs. Petitioner’s license was suspended because he was involved in a collision with a light pole when he fell asleep while driving his automobile. There is no proof that petitioner had any previous warning of drowsiness. Under such circumstances, a finding of gross…