Roewer v. Melton

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review an order of the Commissioner of Motor Vehicles revoking petitioner’s operator’s license because of his refusal to submit to a chemical blood test. At about 8:00 p.m. on August 23, 1975, Officers Havelaar and Cooper of the Fayetteville police force were on routine patrol and proceeding northerly on Washington Street. They observed an approaching vehicle with its rear wheels spinning as its operator apparently sought more speed. When the driver…