Sweeney v. Tofany

Determination unanimously annulled, without costs. Memorandum: Petitioner was involved in an automobile accident on April 19, 1967 at about 1:10 a.m. At 1:15 a.m. he was arrested by a police officer who asked him if he wished to submit to an alcohol test, and told him that it was not mandatory for him to do so. Petitioner said that he would like to speak to an attorney and did not wish to take the test. The accident occurred within one half mile of the office of Justice of the Peace Hall, to whom the officer then took petitioner, arriving there at 2:10 a.m. for arraignment. During the…