New York Court of Appeals Roundup: Court Decides Issue of License Revocation Upon Driver’s Refusal to Submit to Blood Test
03.16.22
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In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III discuss Matter of Endara-Caicedo v. New York State Department of Motor Vehicles, where the Court of Appeals addressed the circumstances in which a motorist will be subject to revocation of her driver’s license for refusing to submit to a chemical blood alcohol test. The majority held that a motorist cannot avoid revocation even when the request to submit to a test takes place more than two hours after the arrest, even though a two hour temporal limitation does apply to the use of that refusal as evidence in a subsequent criminal proceeding.
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