Legal Opinion
People v. Miller
Webster Justice of the Peace Court
Decided September 29, 1975PublishedCited by 8 opinions
1Opinion of the CourtC. Benn Forsyth, J.
A motion has been made to dismiss charges of driving while intoxicated upon the grounds section 1192 of the Vehicle and Traffic Law is unconstitutional. The basis of the argument is that there is no difference between subdivisions 1 and 3 in legal definition. The defendant relies upon the case of People v LaPlante (81 Misc 2d 34) in which a local Criminal Court held the section unconstitutional. This court cannot agree with the holding in the LaPlante case.
The Legislature, in section 1192 of the Vehicle and Traffic Law, established three offenses. Subdivision 2, dealing with percentage of…
2Cases cited4 opinions
- People v. WeaverAppellate Division of the Supreme Court of the State of New York · 1919
- People v. FarmerNew York Court of Appeals · 1975
- People v. LaPlanteJustice Court of Tonawanda · 1975
- Smith v. SchnabelNew York Supreme Court · 1969
3Cited by8 opinions
- In re JohnstonNew York Court of Appeals · 1990
- Division of Motor Vehicles v. LawrenceNew Jersey Superior Court Appellate Division · 1983
- Montanye v. StateMontana Supreme Court · 1993
- People v. CoutardNassau County District Court · 1982
- United States v. ParedesDistrict Court, E.D. New York · 2016
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