People v. Brick

By information sworn to the 20th day of September, 1961 defendant was charged with having willfully and unlawfully operated a motor vehicle within this city on the 27th day of August, 1961 ‘1 while in an apparently intoxicated condition. All in violation of Sec. 1192, subd. 1 of the Vehicle & Traffic Law of the State of New York.”

The only possible statutory justification for the instant prosecution is that found in section 1192 of the Vehicle and Traffic Law. That section makes it a traffic infraction to operate a motor vehicle while one’s ability so to do “ is impaired by the consumption of…