Tag Archives: VTL 1192

Refusing a Chemical Test by Conduct: The Need For Expansion in Vehicle and Traffic Law § 1194

By Benjamin Fox, Albany Government Law Review

When a police officer is suspicious that someone is driving under the influence it is common knowledge that a field sobriety or breathalyzer test is soon to follow.  It is also well known that the driver will be taken to the local jail for processing should he fail one or both of those tests. However, the administration of a second chemical test while in police custody seems to be less well known.  These tests, typically in the form of another breath test (though blood tests are also possible), are significantly more sophisticated and important than field tests.[1]  The results of the chemical test are admissible in a Vehicle and Traffic Law (VTL) § 1192 hearing – operation of a vehicle while under the influence of alcohol or drugs.[2] Continue reading

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Filed under Criminal Law, Government Reform, Uncategorized, Vehicle and Traffic Law