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City of Albuquerque ex rel Albuquerque Police Dep't v. One 1984 White Chevy UT.4/24/2002
This case arises under an ordinance (Ordinance) enacted by the City of Albuquerque to obtain civil forfeiture of motor vehicles from those motorists who drive after having had their licenses revoked for convictions for driving while intoxicated (DWI) or who have been arrested for a third or subsequent DWI offense after having two previous convictions for DWI. See Albuquerque, N.M., Code of Ordinances ch. 7, art. 6, §§ 7-6-1 to -6 (1992, as amended through 1997, prior to 1999 and 2000 amendments). The City appeals the dismissals in district court of its forfeiture actions brought under the Ordinance; the district court judges, relying upon State v. Nunez, 2000-NMSC-013, 129 N.M. 63, 2 P.3d 264, had dismissed the complaints on double jeopardy grounds. The City filed appeals of the dismissals with the Court of Appeals, which consolidated the cases and then certified the matter to this Court under NMSA 1978, § 34-5-14(C)(1), (2) (1972) and Rule 12-606 NMRA 2002.
The question certified to us, and the only issue on appeal, is "whether New Mexico's constitutional and statutory double jeopardy provisions preclude the City's pursuit of DWI-related civil forfeiture actions after the completion of criminal proceedings." Because we determine that the purpose of the Ordinance is remedial, we hold that State ex rel. Schwartz v. Kennedy, 120 N.M. 619, 904 P.2d 1044 (1995), is the controlling law in this matter. We conclude that the Ordinance does not violate the Double Jeopardy Clauses of the United States and New Mexico Constitutions or the statutory double jeopardy provision. See U.S. Const. amend. V; N.M. Const. art. II, § 15; NMSA 1978, § 30-1-10 (1963). We therefore reverse and remand for the cases to be reinstated on their respective district court dockets.
I. FACTUAL AND PROCEDURAL BACKGROUND
The driver's licenses of the Claimants were revoked because of previous DWI convictions; all the Claimants have multiple previous DWI arrests and convictions. The Claimants had been stopped by the police for traffic violations, and, in the course of their investigations, the officers learned of the revoked licenses. Each of the Claimants was arrested for driving on a revoked license under either NMSA 1978, § 66-8-122(G) (1985) or NMSA 1978, § 66-5-39(A) (1993), and also charged with other traffic offenses.
After the Claimants were convicted in the Bernalillo County Metropolitan Court of criminal charges, the City attorney filed civil forfeiture actions in district court under the Ordinance. The Claimants then moved to dismiss the separate forfeiture actions. In every case, the district court dismissed the City's complaint based on the determination that forfeiture of the vehicles under the City Ordinance would violate double jeopardy by punishing twice for the same offense.
II. DISCUSSION.
A. Standard of Review.
When there are no disputed material facts, an appellate court reviews all issues on appeal under a de novo standard of review. State v. Reyes-Arreola, 1999-NMCA-086, 5, 127 N.M. 528, 984 P.2d 775. "A strong presumption of constitutionality surrounds a statute." Ortiz v. Taxation & Revenue Dep't, 1998-NMCA-027, 5, 124 N.M. 677, 954 P.2d 109. A party challenging the constitutionality of a statute has the burden of proving it is unconstitutional beyond a reasonable doubt. City of Farmington v. Fawcett, 114 N.M. 537, 540, 843 P.2d 839, 852 (Ct. App. 1992). "`In construing a particular statute, a reviewing court's central concern is to determine and give effect to the intent of the egislature.'" N.M. Dep't of Health v. Compton, 2001-NMSC-032, 18, 131 N.M. 204, 34 P.3d (quoting State ex rel. Klineline v. Blackhur
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