People v. Fogerty

The defendant, who had been charged with driving while intoxicated, moved to suppress evidence concerning a blood test, which he submitted to after his arrest by a State Trooper, upon the ground that the blood was unlawfully taken. Section 1194 of the Vehicle and Traffic Law provides for administering a chemical test “ in accordance with the rules and regulations established by the police force ” of which the arresting officer is a member.

The Justice of the Peace held that, if the State Police had any rules or regulations pertaining to the administration of chemical tests, they were not…