Pucino v. Tofany

This is an article 78 proceeding to set aside a revocation of petitioner’s motor vehicle operator’s license.

On March 21, 1969, petitioner was arrested and charged with driving while intoxicated in the City of Beacon. He refused to submit to a chemical test. A motor vehicle hearing was held at which the arresting officer testified that he advised the petitioner that if he refused to submit to a chemical test for intoxication, his license might be suspended.

The referee found that the police officer did not say ‘ ‘ revoked ’ ’ nor did he add that action would be taken even if the charge for…