A Motor Vehicle Department
hearing will be scheduled to determine whether 1) police had
proper cause to seize the vehicle being operated by the accused, 2) whether police had sufficient probable cause to believe operator of the vehicle was intoxicated and driving while impaired in Hudson Valley 3) whether police properly advising the accused of their breath
test refusal rights.
Justice Brown found that the whether or not the court should exercise its discretion to
hear a moot appeal, is guided by the following
test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the
proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.