Is a breathalyzer test required to be performed within two hours of arrest under section 1194(2)(a) of the New York State Criminal Code?
"New York", United States of America
The following excerpt is from People v. Odum, 102 N.E.3d 1034, 31 N.Y.3d 344, 78 N.Y.S.3d 252 (N.Y. 2018):
instructed that the statute "mandates that the breathalyzer test be performed within a two-hour time period following arrest" when the test is conducted pursuant to the deemed consent provision of section 1194(2)(a) ( People v. Finnegan, 85 N.Y.2d 53, 59, 623 N.Y.S.2d 546, 647 N.E.2d 758 [1995] [emphasis added] ).
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