Zambroski v. Tofany

Appeal from a judg*886ment of the Supreme Court at Special Term, entered April 24, 1970 in Cortland County, which set aside a determination revoking petitioner’s operator’s license for refusal to submit to a chemical test following an arrest for driving while intoxicated. Petitioner was arrested on July 15, 1969 and charged with driving while intoxicated. The arresting officer testified that immediately after the arrest he asked petitioner if he would submit to a chemical test and that petitioner stated that he would not. He was then told that “for refusing to take the chemical test for…