Legal Opinion
People v. Cruz
New York Court of Appeals
Decided November 20, 1979PublishedCited by 253 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The question on this appeal is whether subdivision 1 of section 1192 of the Vehicle and Traffic Law, which prohibits driving while the ability to operate a motor vehicle "is impaired by the consumption of alcohol”, and subdivision 3, which prohibits driving "while * * * in an intoxicated condition”, are unconstitutionally vague in a case where the driver has refused to submit to any scientific test for determining the amount of alcohol he has consumed. The trial court held that, in the absence of a scientific test, the statutory concepts of impairment and…
2Cases cited14 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Screws v. United StatesSupreme Court of the United States · 1945
- United States v. HarrissSupreme Court of the United States · 1954
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
9 more not listed; retrieve them via the Exa API.
3Cited by253 opinions
- Romano v. StanleyNew York Court of Appeals · 1997
- People v. ShackNew York Court of Appeals · 1995
- People v. IllardoNew York Court of Appeals · 1979
- People v. New York Trap Rock Corp.New York Court of Appeals · 1982
- Petrovick v. COM., DEPT OF TRANSP.Supreme Court of Pennsylvania · 1999
248 more not listed; retrieve them via the Exa API.