Robertson v. Tomson

This is an article 78 proceeding to review the peremptory suspension of petitioner’s operator’s license upon his arraignment in the District Court on a charge of driving while intoxicated under subdivision 2 of section 1192 of the Vehicle and Traffic Law.

The District Attorney urges that the District Court Judge of the County of Nassau who suspended the license has the power to do so in accordance with the provisions of section 510 of the Vehicle and Traffic Law.

Subdivision 3 of section 510 of the Vehicle and Traffic Law deals with permissive suspensions and revocations and lists certain…