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The Application Of New York's Driving While Intoxicated Statute, Elizabeth Gross

Fordham Urban Law Journal

This Note analyzes the constitutional issues raised by section 1192 of New York State's Vehicle and Traffic Law. The argument it addresses is that the statute is unconstitutionally vague as it does not define the words "impaired" and "intoxicated." The lack of definition is especially keen where, because of the absence of chemical tests, the courts must decide intoxication cases on objective criteria. The Note then sets forth the major elements necessary for a conviction under the statute with the purpose of clarifying the distinction between intoxication and impairment.