New York Supreme Court March 10, 1981 (In re Ventura)

OPINION OF THE COURT

Robert H. Wagner, J.

The question presented for determination is whether subdivision 2 of section 1194 of the New York State Vehicle and Traffic Law which mandates suspension of a driver’s license prior to a revocation hearing because of the driver’s refusal to submit to a chemical test upon arrest for driving while intoxicated is void on its face as violative of the due