Legal Opinion

Miller v. Tofany

New York Supreme Court

Decided November 25, 1975PublishedCited by 1 opinion

1Opinion of the CourtRichard F. Kuhnen, J.

On March 8, 1975 petitioner Floyd T. Miller, Jr. was arrested and charged with driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law. At the time of his arrest petitioner refused to submit to a chemical breath test as required by subdivision 1 of section 1194 of the Vehicle and Traffic Law. Upon arraignment on the charge of driving while intoxicated, petitioner entered a plea of not guilty and, as of the date of this application, his trial on that charge is still pending.

On June 13, 1975 a hearing was held by the Department of Motor Vehicles to…

2Cases cited9 opinions

  1. Spevack v. KleinSupreme Court of the United States · 1967
  2. Morey v. DoudSupreme Court of the United States · 1957
  3. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  4. New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
  5. Walters v. City of St. LouisSupreme Court of the United States · 1954

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3Cited by1 opinion

  1. Barquero v. MeltonAppellate Division of the Supreme Court of the State of New York · 1977

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