Legal Opinion

Barnes v. Tofany

New York Court of Appeals

Decided July 1, 1970PublishedCited by 52 opinions

1Opinion of the CourtJasen, J.

After consuming four martinis during the evening of November 18, 1966, petitioner, while driving his motor vehicle, was involved in an accident. Following the collision, he was arrested on a charge of driving while intoxicated. On July 31, 1967, prior to the disposition of that charge, the Commissioner of Motor Vehicles held a hearing pursuant to section 510 of the Vehicle and Traffic Law, in regard to the accident, and the following determination was made by the hearing officer: “ I find that Barnes was grossly negligent in the operation of his motor vehicle in having imbibed of a…

2Cases cited3 opinions

  1. Helvering v. MitchellSupreme Court of the United States · 1938
  2. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  3. United States v. National Ass'n of Real Estate BoardsSupreme Court of the United States · 1950

3Cited by52 opinions

  1. McNulty v. CurryOhio Supreme Court · 1975
  2. The Matter of Kevin B. Acevedo v. New York State Department of Motor Vehicles , The Matter of Michael W. Carney v. New York State Department of Motor Vehicles , The Matter of Caralyn A. Matsen v. New York State Department of Motor VehiclesNew York Court of Appeals · 2017
  3. State v. ConleyTennessee Supreme Court · 1982
  4. State v. BowlesSupreme Court of New Hampshire · 1973
  5. Geary v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1983

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