 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Wiberg3/17/1988
olicy.
Citing State v. Garcia, 91 N.M. 664, 579 P.2d 790 (1978), defendant argues that the penal implications of Section 66-8-110 support a strict construction of Section 66-8-103. Defendant's reliance on Garcia, however, is misplaced. Defendant argues for strict construction of Section 66-8-103, not Section 66-8-110. The purpose behind a penal statute is to punish an offense against the state. See Denison v. Tocker, 55 N.M. 184, 229 P.2d 285 (1951). This is not the purpose of Section 66-8-103. See State v. Trujillo. Accordingly, Section 66-8-103 is not a penal statute.
Defendant's last argument is that the withdrawal of a blood sample by a registered nurse employed by a hospital or physician, as opposed to Henderson, who was under contract to the police department, will avoid the threat or suggestion of a personal interest in obtaining a favorable sample. We are not persuaded that this is a valid reason for adopting defendant's statutory interpretation. Moreover, this argument goes to the weight the fact finder should give the evidence, and not to its admissibility. See State v. Copeland, 105 N.M. 27, 727 P.2d 1342 (Ct. App.1986).
In conclusion, we hold that Section 66-8-103 does not require a licensed professional nurse or registered nurse to be employed by a hospital or physician in order to withdraw blood for blood-alcohol tests. Accordingly, we affirm the trial court's ruling on this point.
ISSUE 2 (Denial of right to an impartial jury.)
Defendant contends that his right to an impartial jury was denied by the trial court's refusal to strike a particular juror for cause. Juror Eberle (Eberle), who was originally selected as an alternate juror, became a deliberating juror during the course of the trial. Defendant argues that her view on the use of alcohol denied him the right to an impartial jury.
During voir dire, Eberle stated that she believed alcohol was the cause of many problems, that she was a member of Mothers Against Drunk Drivers (MADD) and that, years before, her own mother had belonged to the Christian Temperance Union. Eberle revealed that during her childhood she signed a pledge that she would never drink nor smoke and she had kept that promise. She stated that although she hated liquor, she had only compassion for those taken over by alcohol. Based on her responses, defense counsel inquired whether her views on alcohol or membership in MADD would make it difficult for her to remain neutral in judging the facts of the case. Eberle denied it would. She indicated that although she considered drinking a sin, her personal beliefs would not interfere with the facts if she really "weighed them well." Similarly, when asked if her membership in MADD would cause her to believe that because drinking was involved it was just "too much" and that she would have a "commitment," Eberle did not agree. She responded: "Well, as I said before, I hate liquor, but I have compassion for the person consumed by it." Based on Eberle's responses, the court denied defendant's strike for cause.
An accused is entitled to a trial by a fair and impartial jury. N.M. Const. art. II, § 14. An impartial jury means a jury where each and every one of the twelve is totally free from any partiality whatsoever. State v. Dobbs, 100 N.M. 60, 665 P.2d 1151 (Ct. App.1983). The trial court
Page 1 2 3 4 5 6 7 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|