Legal Opinion
In re Ventura
New York Supreme Court
Decided March 10, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Robert H. Wagner, J.
The question presented for determination is whether subdivision 2 of section 1194 of the New York State Vehicle and Traffic Law which mandates suspension of a driver’s license prior to a revocation hearing because of the driver’s refusal to submit to a chemical test upon arrest for driving while intoxicated is void on its face as violative of the due process clause of the Fourteenth Amendment of the United States Constitution and section 6 of article I of the New York State Constitution.
Section 1194 of the Vehicle and Traffic Law provides in relevant…
2Cases cited8 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- MacKey v. MontrymSupreme Court of the United States · 1979
- Dixon v. LoveSupreme Court of the United States · 1977
- Horodner v. FisherNew York Court of Appeals · 1976
- Harding v. MeltonAppellate Division of the Supreme Court of the State of New York · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Krieger v. City of RochesterNew York Supreme Court · 2013
- Commonwealth v. RainesKentucky Supreme Court · 1993
- People v. JohnsonChili Justice Court · 1995
- Violi v. New York State Department of Motor VehiclesNew York Supreme Court · 2007
- People v. LewisJustice Court of Town of Fishkill · 1995