Minnick v. Melton

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: Petitioner was arrested for driving while intoxicated on March 1, 1974 and refused to submit to a breathalyzer test. The criminal charge was dismissed on April 26, 1974. On April 22, 1975 respondent sent petitioner a notice of hearing pursuant to subdivision 2 of section 1194 of the Vehicle and Traffic Law to determine whether petitioner’s license should be revoked for his refusal to take the chemical test. Thereafter respondent adjourned the hearing and later rescheduled it for July 7, 1975. Petitioner has…