Legal Opinion
People v. Mertz
New York Court of Appeals
Decided July 3, 1986PublishedCited by 127 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
A violation of Vehicle and Traffic Law § 1192 (2) is not established unless the trier of fact finds that while operating a motor vehicle defendant had a blood alcohol content (BAG) of .10 of 1% or more. Evidence that a breathalyzer test administered within two hours of arrest showed defendant to have such a BAG is sufficient to establish prima facie a violation of the subdivision. It is, however, error not to permit defendant’s attorney to argue on the basis of evidence, whether through cross-examination of the People’s witnesses or testimony of defendant’s…
2Cases cited38 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
33 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Mata v. StateCourt of Criminal Appeals of Texas · 2001
- Commonwealth v. BarudSupreme Court of Pennsylvania · 1996
- People v. SwampNew York Court of Appeals · 1995
- Commonwealth v. JarmanSupreme Court of Pennsylvania · 1992
- People v. AlvarezNew York Court of Appeals · 1987
122 more not listed; retrieve them via the Exa API.