 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Guilez6/29/1999
{1} In this case we examine the issue of whether an intoxicated person who drives a vehicle containing a friend and her two minor children may properly be charged with and convicted of both child abuse and the offense of reckless driving. Defendant seeks to overturn his convictions, arguing that the trial court erred in (1) denying his motion to dismiss the conviction for child abuse because the charge of reckless driving is the more specific offense, (2) permitting a witness to testify as an expert witness, and (3) denying his motion for a directed verdict. For the reasons discussed herein, we affirm in part and reverse in part.
FACTS AND PROCEDURAL POSTURE
{2} At approximately 10:00 p.m. on April 19, 1997, well after sunset, New Mexico State Police Officer Richard D. Newman observed a truck being driven westerly on Highway 70 toward Tularosa, New Mexico. The officer testified that the truck had no headlights on and appeared to be traveling at the posted speed limit or faster. The officer gave chase and stated that in trying to catch the truck, he had to drive between eighty and ninety miles per hour. After following the vehicle for some distance, Officer Newman stated that he saw the truck turn off of Highway 70 onto Old Mescalero Road. He further testified that when the truck turned onto Old Mescalero Road, it did not appear to significantly reduce its speed, and he saw it strike a fence before coming to a stop.
{3} The officer turned on his spotlight, activated his emergency lights, and ordered Defendant, who had been driving, out of the truck. When Defendant exited the vehicle, the officer noticed that Defendant's clothes were wet, that he smelled of alcohol, and that his eyes were bloodshot. The officer determined that Defendant's girlfriend and her two children, ages three and six, had accompanied Defendant and were passengers in the truck. Defendant is the father of the youngest child.
{4} When the officer questioned Defendant concerning why he was driving without the headlights on, he responded that he knew the truck's lights were not working but that he had decided to drive home anyway. Defendant stated that he had only had one beer. The officer then administered three field sobriety tests to Defendant, which the officer stated Defendant failed. The officer also testified that Defendant had a .10 breath-alcohol test reading, had slurred speech, and exhibited noticeable problems maintaining his balance. Officer Newman testified that when he approached the truck, the only child buckled in a seatbelt was Amanda, age six. Based on this evidence, Defendant was charged with DWI, contrary to NMSA 1978, § 66-8-102 (1993); knowingly permitting the children to be placed in a situation that may endanger the children's lives or health, contrary to NMSA 1978, § 30-6-1(C)(1) (1989); and reckless driving, contrary to NMSA 1978, § 66-8-113 (1987).
{5} Defendant pled guilty to the offense of DWI, but contested the charges of child abuse and reckless driving. Following a jury trial, Defendant was convicted of both child abuse and reckless driving. He has not challenged the validity of his conviction of DWI.
DISCUSSION
{6} Defendant asserts that the trial court erred in requiring him to defend against the charge of child abuse as set forth in Section 30-6-1(C)(1) because under the general/specific rule, the offense of reckless driving, with which he was also charged, constitutes the more specific offense applicable to situations where the alleged act of endangerment to others involves the use of a motor vehicle. Responding to this argument, the State contends that the general/specific rule relied upon by Defendant is inappli
Page 1 2 3 4 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|