Clary v. Harnett

Smith (E. N.), J.

The petitioner’s operator’s license has been revoked because of his having violated subdivision 5 of section 70 of the Vehicle and Traffic Law, which provides that the operating of a motor vehicle while in an intoxicated condition constitutes a misdemeanor. Subdivision 2 of section 71 of said law provides that upon conviction of such violation the revocation of an operator’s license is mandatory. _____,

On the 1st of October, 1938, the petitioner was arrested by a State trooper on a charge of having violated said subdivision 5 of section 70; he was brought before a justice of…