People v. Miller

CourtNew York Town Court
Citation373 N.Y.S.2d 312,83 Misc.2d 118
Decision Date29 September 1975
PartiesPEOPLE of the State of New York, Plaintiff, v. Henrietta I. MILLER, Defendant.

Page 312

373 N.Y.S.2d 312
83 Misc.2d 118
PEOPLE of the State of New York, Plaintiff,
v.
Henrietta I. MILLER, Defendant.
Town Court of Webster, Monroe County.
Sept. 29, 1975.

Page 313

Jack B. Lazarus, Dist. Atty. of Monroe County, for plaintiff; Herbert LaPage, of counsel.

Alfred P. Kremer, Rochester, for defendant.

C. BENN FORSYTH, Town Judge.

A motion has been made to dismiss charges of driving while intoxicated upon the grounds Section 1192 of the Vehicle and Traffic Law is unconstitutional. The basis of the argument is that there is no difference between subsections 1 and 3 in legal definition. The Defendant relies upon the case of People v. LaPlante, 81 Misc.2d 34, 365 N.Y.S.2d 392 in which a local criminal court held the section unconstitutional. This court cannot agree with the holding in the LaPlante case.

The Legislature, in Section 1192 of the Vehicle and Traffic Law, established three offenses. Subsection 2, dealing with percentage of alcohol in the blood, has no relevancy to this case. Subsection 1 prohibits operation of a vehicle while 'ability to operate such vehicle is impaired by the consumption of alcohol'. Subsection 3 prohibits operation while the driver 'is in an intoxicated condition'. The Court of Appeals in People v. Farmer, 36 N.Y.2d 386, 369 N.Y.S.2d 44, 330 N.E.2d 22 held that subsection 1 was a lesser degree of subsection 3. Thus, it determined that operating while 'impaired' was a lesser form of operating while 'intoxicated'.

'Intoxicated', for the purpose of the Vehicle and Traffic Law, has no exact statutory definition. In 1919 the Appellate Division in People v. Weaver, 188 App.Div. 395, 401, 177 N.Y.S. 71, 74 defined it as implying 'undue or abnormal excitation of the passions or feelings or the impairment of the capacity to think and act correctly and efficiently, and suggests the loss of normal control over one's faculties'. The court also approved the definition (page 401, 177 N.Y.S. p. 74) that 'intoxicated' means the imbibing in enough liquor 'to render him incapable of giving that attention and care to the operation of his automobile that a man of prudence and reasonable intelligence would give'. These definitions related to Section 290 of the Highway Law, which at that time only prohibited driving while intoxicated.

Since the decision in that case, the Legislature in 1960 saw fit to subdivide this law into the two divisions above described. The Court of Appeals has told us the use of the word...

To continue reading

Request your trial
8 practice notes
  • People v. Cruz
    • United States
    • New York Supreme Court — Appellate Term
    • July 6, 1979
    ...that proof of a substantial degree of impairment is required, compared to the driver's own normal judgment and ability (People v. Miller, 83 Misc.2d 118, 119, 373 N.Y.S.2d 312, 313 (Town Ct. of Webster, Monroe County, 1975); People v. Little, N.Y.L.J., May 10, 1978, p. 15, col. 6 (Sup.Ct., ......
  • Johnston, Matter of
    • United States
    • United States Court of Appeals (New York)
    • March 27, 1990
    ...A.D.2d 212, 486 N.Y.S.2d 748 [Titone, J.P., participating]; People v. Bradford, 96 Misc.2d 298, 300, 408 N.Y.S.2d 1013; People v. Miller, 83 Misc.2d 118, 119, 373 N.Y.S.2d Thus, the New York standard for determining "intoxication" is significantly higher than the standard in Texas......
  • United States v. Paredes, 15–CR–436 (JBW)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 5, 2016
    ...more by weight of alcohol in the person's blood as shown by chemical analysis"); id. § 1192(3) (common law DWI); People v. Miller, 83 Misc.2d 118, 373 N.Y.S.2d 312, 314 (Webster Town Ct., Monroe Cty.1975) ("[T]his court finds that it was the intention of the Legislature that a per......
  • People v. Pamulo, No. 2015NY024027.
    • United States
    • New York Criminal Court
    • August 31, 2015
    ...attention and care to the operation of his automobile that a man of prudence and reasonable intelligence would give (People v. Miller, 83 Misc.2d 118 [Webster Town Ct., Monroe Cty 1975] ).Allegations that Defendant smelled from the odor of alcohol, had watery and bloodshot eyes, was unstead......
  • Request a trial to view additional results
8 cases
  • People v. Cruz
    • United States
    • New York Supreme Court — Appellate Term
    • July 6, 1979
    ...that proof of a substantial degree of impairment is required, compared to the driver's own normal judgment and ability (People v. Miller, 83 Misc.2d 118, 119, 373 N.Y.S.2d 312, 313 (Town Ct. of Webster, Monroe County, 1975); People v. Little, N.Y.L.J., May 10, 1978, p. 15, col. 6 (Sup.Ct., ......
  • Johnston, Matter of
    • United States
    • United States Court of Appeals (New York)
    • March 27, 1990
    ...A.D.2d 212, 486 N.Y.S.2d 748 [Titone, J.P., participating]; People v. Bradford, 96 Misc.2d 298, 300, 408 N.Y.S.2d 1013; People v. Miller, 83 Misc.2d 118, 119, 373 N.Y.S.2d Thus, the New York standard for determining "intoxication" is significantly higher than the standard in Texas......
  • United States v. Paredes, 15–CR–436 (JBW)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 5, 2016
    ...more by weight of alcohol in the person's blood as shown by chemical analysis"); id. § 1192(3) (common law DWI); People v. Miller, 83 Misc.2d 118, 373 N.Y.S.2d 312, 314 (Webster Town Ct., Monroe Cty.1975) ("[T]his court finds that it was the intention of the Legislature that a per......
  • People v. Pamulo, No. 2015NY024027.
    • United States
    • New York Criminal Court
    • August 31, 2015
    ...attention and care to the operation of his automobile that a man of prudence and reasonable intelligence would give (People v. Miller, 83 Misc.2d 118 [Webster Town Ct., Monroe Cty 1975] ).Allegations that Defendant smelled from the odor of alcohol, had watery and bloodshot eyes, was unstead......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT