I write to correct a misimpression created by a passage in your May 21, 2014, Court of Appeals Roundup. In discussing People v. Jonai Washington, decided May 6, the authors write: “To persuade drivers to consent to such [chemical Breathalyzer] tests and avoid the need for the police to secure a court order, Vehicle & Traffic Law §1194(2)(a) provides that a driver has the qualified right to decline to submit to the test, but only after being warned that a refusal ‘will result in the immediate suspension and ultimate revocation of the motorist’s driver’s license for one year.’”
In fact, VTL §1194(2)(a) provides: “Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test.”
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