Legal Opinion

People v. MacDougall

Justice Court of Town of Brighton

Decided November 6, 1995PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Karen Morris, J.

Defendants Richard J. MacDougall and Craig W. Rebmann were arrested for driving while intoxicated (DWI) in violation of Vehicle and Traffic Law §§ 1192 (2) and (3), and various traffic infractions. In both cases, defendants’ driving licenses were suspended pending prosecution, pursuant to Vehicle and Traffic Law § 1193 (2) (e) (7) (a). Prior to the suspensions, neither defendant raised the issue of possible due process violations of the referenced statute and that issue is not now before the court. Both defendants now seek dismissal of the DWI and traffic…

2Cases cited12 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Helvering v. MitchellSupreme Court of the United States · 1938
  3. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  4. State v. HigaHawaii Supreme Court · 1995
  5. Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978

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3Cited by1 opinion

  1. Smith v. County Court of Essex CountyAppellate Division of the Supreme Court of the State of New York · 1996

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