Coleman v. Gambi, Inc.

OPINION OF THE COURT

Louis A. Barone, J.

The defendant argues that in order for the results of a breathalyzer test to be introduced in either a civil or criminal action, there must be strict compliance with Vehicle and Traffic Law § 1194.

The defendant "Rosebud” alleges that the defendant Zois was arrested for driving while intoxicated somewhere between 3:58 a.m. and 4:19 a.m. The arresting officer affirms that *962defendant Zois was placed under arrest when the responding ambulance left the scene of the accident.

Pursuant to the prehospital care report completed by the ambulance personnel, they…