Nassau County District Court July 25, 1989 (People v. Thumser)

OPINION OF THE COURT

Sandra J. Feuerstein, J.

Upon the motion to reargue the court’s decision dated May 9, 1989, reargument is granted and the decision below is hereby substituted:

The defendant, Bart Thumser, was arrested and arraigned on a charge of driving while impaired by alcohol in violation of section 1192 (1) of the Vehicle and Traffic Law on December 30, 1988.