HUNTER

v.

MURRAY, JUDGE, COURT OF CLAIMS, ALBANY, NEW YORK, ET AL.

Citator

Cited By

• Haas v. State, 597 So. 2d 770 (Fla. 1992)
  …eathalyzer test administered within a reasonable period of time after the defendant is stopped for drunk driving, which test results in the proscribed blood-alcohol level.” State v. Tischio, 107 N.J. 504, 527 A. 2d 388, 397 (1987), appeal dismissed, 484 U.S. 1038, 108 S.Ct. 768, 98 L.Ed.2d 855 (1988). Rejecting the contention that extrapolation was necessary to exclude the possibility that the defendant’s [*774] blood-alcohol level had not yet reached the prohibited level at the time he was driving, the cour…
• Miller v. State, 597 So. 2d 767 (Fla. 1991)
  …ed on the policy elaborated by courts in other states that persons are not privileged to “race” from one place to another before the blood-alcohol level rises above the legal limit. E.g., State v. Tischio, 527 A. 2d 388 (N.J.1987), appeal dismissed, 484 U.S. 1038, 108 S.Ct. 768, 98 L.Ed.2d 855 (1988). The district court concluded that any doubts as to Miller’s blood-alcohol level at the time of arrest went to the weight or credibility of the evidence, not its admissibility, and reversed the trial court’s sup…