People v. Calcasola

I am constrained to dissent upon the authority of cur recent opinion in People v. Vain Tuyl (79 Misc 2d 262). The cited decision and the landmark opinion of the Appellate Division, Second Department, in People v. Koch (250 App. Div. 623), when read together, hold that a defendant may not be convicted of driving while intoxicated or impaired while under the influence of a drug, where the proof fails to establish that he was advised not to operate a motor vehicle and the consumption of the drug was in accordance with a physician’s advice, resulting in an involuntary state of intoxication or…