In the Matter of Kyle P. McDonell v New York State Department of Motor Vehicles, et al.
In this Article 78 proceeding, petitioner asked the court to review a determination suspending his license for refusal to submit to a chemical test.
McDonell was stopped by a NYS Trooper because he accelerated while turning onto an entrance ramp for an interstate highway causing his vehicle to fishtail. The Trooper’s sole basis for stopping McDonell was his belief that McDonell violated VTL § 1162. This law forbids dangerously moving a stopped, standing or parked vehicle unless it can be made with safety. Petitioner was taken into custody because of the Trooper’s belief that the petitioner was under the influence while operating the vehicle. Soon thereafter, because the petitioner refused to submit to a chemical test, his license was suspended.
VTL § 1194 (2) (c), in a refusal revocation hearing, the law judge concluded that the Trooper lawfully arrested the petitioner. However, the court agreed with the petitioner’s contention that he had not been stopped, standing or parked before the Trooper stopped the vehicle. It was held that it was an illegal stop based on VTL § 1162.
The refusal suspension was annulled based on the improper stop.
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