In Zidell v. Bright (1968), 264 Cal.App.2d 867, 71 Cal.Rptr. 111, the court held that it would be inconsistent with the purposes of the statute to hold that either the arresting officer or the officers on duty at the police station "were required to turn aside from their other responsibilities and arrange for administration of a belated test when once appellant had refused to submit after fair warning of the consequences." To the same effect, see Sweeney v. Tofany (1968), 56 Misc.2d 291, 288 N.Y. Supp. 2d 649; and Donahue v. Tofany (1969), 33 App. Div. 2d 590, 304 N.Y. Supp. 2d 484. Appellant also asserts, independent of the question of admissibility of a test for bodily substances taken within two hours, that a person shall not be deemed to have refused such a chemical test, within the meaning of R.C. 4511.191 (D), if he indicates his consent within a "reasonable time" of the request.
As appears from the above quotation thereof, the two-hour limitation is to qualify the results of the test for admission in evidence and not necessarily to confer additional privilege upon the defendant or to extend his rights in point of time. (Cf. Matter of Sowa v. Hults, 22 A.D.2d 730, 731, 253 N.Y.S.2d 294, 295); * * *." This quote is cited with approval in Sweeney v. Tofany, 56 Misc.2d 291, 288 N.Y.S.2d 649, 651. The court there states: "From these holdings we infer that a defendant's license must be revoked if his subsequent consent is not given in time for the test to be taken within two hours, but, with the two hours not being a matter of right to the defendant, his license may be revoked despite a subsequent consent short of that time."
In Zidell v. Bright (1968), 264 Cal.App.2d 867, 71 Cal.Rptr. 111, the court held that it would be inconsistent with the purposes of the statute to hold that either the arresting officer or the officers on duty at the police station `were required to turn aside from their other responsibilities and arrange for administration of a belated test when once appellant had refused to submit after fair warning of the consequences.' To the same effect, see Sweeney v. Tofany (1968), 56 Misc.2d 291, 288 N.Y. Supp. 2d 649; and Donahue v. Tofany (1969), 33 App. Div. 2d 590, 304 N.Y. Supp. 2d 484."