People v. Farmer

Fuchsberg, J. (concurring).

This case involves the interrelation of the various subdivisions of section 1192 and section 1196 of the Vehicle and Traffic Law as they bear upon due process requirements for reasonable notice of charges in prosecutions against drivers who may be affected by alcohol.

On May 13, 1973, a State Trooper observed defendant’s automobile cruising in an erratic manner. He stopped the car and asked the defendant to get out. As he later testified, defendant’s behavior exhibited signs of intoxication, including in-co-ordination, and impairment of speech and locomotion.…