People v. Bradford

OPINION OF THE COURT

Howard E. Goldfluss, J.

The defendant herein is indicted and charged with operat*299ing a motor vehicle while under the influence of alcohol. He now moves to dismiss the indictment on the ground that section 1192 of the Vehicle and Traffic Law is unconstitutionally vague in that it fails to clearly include what conduct is proscribed and fails to define the elements of the prohibited offense with appropriate clarity so as to fix an "ascertainable and immutable standard of guilt.” (See Winters v New York, 333 US 507.) The pertinent portions of the statute (Vehicle and Traffic…