Jentzen v. Tofany

Determination unanimously annulled, with costs. Memorandum: In this review of respondent’s determination revoking petitioner’s operator’s license on the ground that he refused to submit to a test for determining the alcoholic content of his blood, we find that petitioner did not make an understanding refusal to take the test. (Cf. Matter of Sweeney v. Tofany, 30 A D 2d 934.) He was involved in an automobile collision at 8:00 p.m. Five minutes thereafter he was arrested and in response to the arresting officer’s question “ Will you submit to a chemical test for intoxication 9 ” he said “ I…