Anderson v. MacDuff
| Decision Date | 08 August 1955 |
| Citation | 143 N.Y.S.2d 257,208 Misc. 271 |
| Parties | Proceeding by Ernest ANDERSON, Petitioner, for an order annulling a determination revoking his driver's license v. James R. MACDUFF, Commissioner of Motor Vehicles, Respondent. |
| Court | New York Supreme Court |
Lansing S. Thornton, Fonda, for petitioner.
Jacob K. Javits, Atty. Gen. (Henry S. Manley and Philip J. Fitzgerald, Albany, of counsel), for respondent.
This is a proceeding brought under Article 78 of the Civil Practice Act for an order annulling the determination of the Commissioner of Motor Vehicles revoking the driver's license of the petitioner.
On September 2, 1954, the petitioner was arrested in the village of Fonda and charged with driving an automobile while intoxicated. The arresting officer requested the petitioner to submit to a blood test but this was refused by the petitioner who stated that he preferred to go before the judge. He was arraigned, pleaded not guilty, released on bail and the case was adjourned for trial to September 27, 1954, at which time the petitioner was acquitted.
A sworn report by the police officer that he had reasonable grounds to believe that the petitioner was driving in an intoxicated condition and that he had refused to submit to a chemical test was filed with the Commissioner of Motor Vehicles and the latter ordered a hearing in accordance with section 71-a of the Vehicle and Traffic Law. The petitioner testified at the hearing which was held on December 8, 1954, and was also represented by counsel. Thereafter his driver's license was revoked for refusal to take the test to determine the alcoholic content of his blood.
This proceeding has not been transferred to the Appellate Division of the Third Department as provided by Section 1296 of the Civil Practice Act for the reason that the petitioner has not placed in issue the competency of the proof or the sufficiency of the evidence taken at the hearing. The petitioner attacks the constitutionality of section 71-a; urges that the police officer should have given him specific warning that if he refused to submit to the blood test that his license would be revoked and in general terms claims that the action taken and the procedure followed by the respondent was not in accordance with the law.
The question of the drunken driver has long presented a serious problem to law enforcement agencies interested in the safety of our highways and the protection of the lives of persons lawfully upon said highways. It must be remembered that it is a privilege to operate a motor vehicle on our highways and not a...
To continue reading
Request your trial
-
People v. Beltran
...is a privilege, granted by the State and not a right, the State can condition receipt of it, or absolutely revoke it. Anderson v. MacDuff , 208 Misc. 271, 143 N.Y.S.2d 257 (Supreme Court Montgomery County 1955). Nevertheless, a license to operate an automobile is of tremendous value to the ......
-
Blydenburg v. David, 52142
...was no provision for a hearing at some stage of the proceedings. The New York statute was amended and the new law, in Anderson v. Macduff, 208 Misc. 271, 143 N.Y.S.2d 257, was found not to be violative of due process of law or the right against self-incrimination. The essential elements of ......
-
People v. Beltran
...a privilege, granted by the State and not a right, the State can condition receipt of it, or absolutely revoke it. Anderson v. MacDuff, 208 Misc. 271, 143 N.Y.S.2d 257 (Supreme Court Montgomery County 1955). Nevertheless, a license to operate an automobile is of tremendous value to the indi......
-
Heer v. Department of Motor Vehicles
...11 N.Y.2d 58, 226 N.Y.S.2d 403, 181 N.E.2d 427, cert. den., 370 U.S. 912, 82 S.Ct. 1259, 8 L.Ed.2d 405 (1962); Anderson v. Macduff, 208 Misc. 271, 143 N.Y.S.2d 257 (Sup.Ct.1955); Schutt v. Macduff, 205 Misc. 43, 127 N.Y.S.2d 116 (Sup.Ct.1954); Timm v. State, 110 N.W.2d 359 (N.D.1961); Chmel......