Legal Opinion

Geary v. Commissioner of Motor Vehicles

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1983PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Callahan, J.

On March 10, 1980 petitioner Joseph P. Geary was arrested for driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law. Petitioner was advised of his rights and requested to submit to a chemical test of his breath for alcohol. He made no *39response at that time. Approximately 20 minutes later petitioner was again advised of his rights and was once again asked to submit to a chemical test of his breath. At this time he unequivocally refused the test, stating to the arresting officer, “No way”. Notice of this refusal…

2Cases cited11 opinions

  1. People v. ThomasNew York Court of Appeals · 1978
  2. Sarkisian Bros. v. State Division of Human RightsNew York Court of Appeals · 1979
  3. People v. KatesNew York Court of Appeals · 1981
  4. Barnes v. TofanyNew York Court of Appeals · 1970
  5. People v. CraftNew York Court of Appeals · 1971

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3Cited by25 opinions

  1. Syquia v. Board of EducationNew York Court of Appeals · 1992
  2. Matter of Geary v. Comm'r of Motor Vehicles of the State of New YorkNew York Court of Appeals · 1983
  3. Hildreth v. New York State Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011
  4. Stark v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. RichburgAppellate Division of the Supreme Court of the State of New York · 2001

20 more not listed; retrieve them via the Exa API.

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