People v. Haitz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Schnepp, J.
Defendant appeals from a judgment of County Court, Gene-see County, convicting him after a jury trial of driving while intoxicated. The sole question presented for our determination is whether section 1194 of the Vehicle and Traffic Law, which permits the admission at trial of testimony of a defendant’s refusal to submit to a breathalyzer test for intoxication, is unconstitutional as violative of the privilege against self incrimination.
On September 23, 1976 Trooper Michael H. Schrader of the New York State Police arrested the defendant, Christopher J. Haitz, on…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
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- People v. ReddyNew York Court of Appeals · 1933
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