People v. Spears

The defendant is charged with violation of subdivision 5 of section 70 of the Vehicle and Traffic Law, operating an automobile while in an intoxicated condition. It appears that shortly after his arrest he was given an examination at police headquarters through the use of a drunlcometer machine to determine the amount of alcohol, if any, in the defendant’s blood. Through counsel, he now moves to suppress all evidence obtained by the use of such test.

I must acknowledge the very great help I have received from counsel for the defendant and counsel for the prosecution in arriving at my decision…