New Mexico Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of New Mexico or Court of Appeals of New Mexico where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Guerro - 12/14/1998
{1} Defendant entered an Alford plea to five counts of homicide by vehicle, NMSA 1978, § 66-8-101(A), (C) (1991), one count of great bodily injury by vehicle, § 66-8-101(B), (C), and one count of aggravated driving under the...
Lester v. Hall - 11/23/1998
{1} Plaintiff Barbara Lester, a third party non-patient, alleges that Defendant physician E.B. Hall's negligent treatment of his patient, Merlin Andersen, caused Andersen to injure Lester in an automobile accident. The United States...
State v. Munoz - 11/17/1998
{1} Manuel Munoz (Defendant) seeks reversal of his convictions for vehicular homicide and great bodily injury by vehicle. He asserts that a jury instruction patterned on UJI 14-252 NMRA 1998 (negligence of the deceased) shifted the...
Sims v. Ryan - 6/15/1998
CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS Robert E. Robles, District Judge
{1} On certification from the Court of Appeals, this Court considers the Honorable Mark Sims' (Judge Sims) appeal of the district court's denial...
Bransford v. State - 4/30/1998
APPEALS FROM THE DISTRICT COURTS OF DONA ANA COUNTY AND SAN MIGUEL COUNTY Robert E. Robles and Eugenio S. Mathis, District Judges
{1} These two cases have been consolidated at the request of the Motor Vehicle Division (MVD)...
State v. Romero - 3/19/1998
APPEAL FROM THE DISTRICT COURT OF UNION COUNTY Peggy J. Nelson, District Judge
{1} We grant the State's motion for rehearing and substitute this opinion for the one filed February 20, 1998.
{2} This appeal is directed at...
State v. Jones - 2/20/1998
{1} Defendant appeals the district court's affirmance of his metropolitan court conviction of driving while intoxicated (DWI). On appeal, Defendant argues that the district court erred by: (1) finding that there was probable cause...
State v. Olivas - 1/13/1998
FILED: 01/13/98
Certiorari denied
No. 25,005
March 30, 1998
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY ALBERT S. "PAT" MURDOCH, District Judge
{1} This case involves the extension of use immunity...
Dairyland Insurance Co. v. Herman - 12/18/1997
Opinion Number: 1998-NMSC-005
{1} This case comes to us from the United States Court of Appeals for the Tenth Circuit, in accordance with its rule providing "for certification by a federal court of questions arising under the...
State v. Krause - 12/15/1997
Opinion Number: 1998-NMCA-013
{1} Defendant appeals a judgment of the district court in an on-record appeal from the metropolitan court. He contends that the district court erred in refusing to allow him a de novo appeal. We...
State v. Woodruff - 11/21/1997
MINZNER, Justice.
{1} Defendant Lonnie Woodruff appeals from a judgment and sentence entered after his conviction by a jury of driving while under the influence of intoxicating liquor (DWI) contrary to NMSA 1978, § 66-8-102...
State v. Hosteen - 11/21/1997
MINZNER, Justice.
{1} Defendant Taft Hosteen appeals from a judgment and sentence entered following a plea agreement and a hearing at which the district court found the State had proved three prior convictions for driving while...
State v. Aragon - 11/21/1997
MINZNER, Justice.
{1} Defendant Jose A. Aragon appeals from his sentence of eighteen months incarceration pursuant to NMSA 1978, § 66-8-102(G) (1994, prior to 1997 amendment) (enhancing penalty for fourth offense of driving while...
State v. House - 11/20/1997
{1} Defendant appeals his convictions for driving while intoxicated (DWI) (second offense), reckless driving, great bodily injury by vehicle (alternatively by reckless driving or DWI), and four counts of vehicular homicide...
State v. Gonzales - 9/24/1997
MINZNER, Justice.
{1} Defendant Juan Floyd Gonzales appeals his convictions for felony DWI under NMSA 1978, § 66-8-102(G) (1994, prior to 1997 amendment). He contends the court erred in relying on his prior DWI convictions...
Sanchez v. Wiley - 9/19/1997
WECHSLER, Judge.
{1} Plaintiff Laura Lee Sanchez appeals the trial court's ruling granting the motion for directed verdict of Defendants Robert Wiley and Western Excavators with respect to Plaintiff's claim for punitive damages....
State v. Rivera - 9/9/1997
PICKARD, Judge.
{1} Defendant appeals his conviction for aggravated driving while intoxicated contrary to NMSA 1978, Sections 66-8-102(A) & (D)(1) (Repl. Pamp. 1994). He raises two issues. First, he contends that the evidence...
State v. Lopez - 6/19/1997
{1} Defendant was convicted of driving under the influence of intoxicating liquor or drugs (DWI), a fourth-degree felony, pursuant to NMSA 1978, Section 66-8-102 (Repl. Pamp. 1994) and NMSA 1978, Section 31-18-15 (Repl. Pamp. 1994) and...
State v. Tafoya - 6/18/1997
ARMIJO, Judge.
{1} Defendant appeals his conviction of driving while intoxicated, first offense. Our calendar notice proposed summary affirmance. Defendant has timely responded with a memorandum in opposition. Not persuaded by...
State v. Clah - 6/10/1997
Bustamante, Judge.
{1} In this case we address whether: (1) presentence confinement credit against a felony DWI jail sentence may be given for time spent in an inpatient alcohol treatment program; and (2) credit may be allowed...
State v. Kanikaynar - 3/26/1997
ALARID, Judge.
{1} Defendant pled guilty to aggravated driving while intoxicated (DWI) contrary to NMSA 1978, Section 66-8-102 (Repl. Pamp. 1994). The basis for the aggravation was Defendant's refusal to submit to a chemical test...
State v. Andrews - 1/14/1997
BOSSON, Judge.
Defendant George Andrews appeals his conviction for concealing identity, contrary to NMSA 1978, Section 30-22-3 (Repl. Pamp. 1994). He raises two issues on appeal. The first challenges the sufficiency of evidence...
State v. Walters - 12/30/1996
BOSSON, Judge.
{1} Defendant Ronald Walters appeals his conviction for aggravated driving while intoxicated (DWI) for refusing to take a blood alcohol test as requested by a New Mexico state police officer. See NMSA 1978, §...
State v. Anaya - 12/6/1996
ORIGINAL PROCEEDING ON CERTIORARI
FRANCHINI, Justice.
{1} On motion by Defendants for rehearing or such other relief as the Court deems proper and just, the opinion filed on May 31, 1996, is withdrawn, and the following...
Burge v. Mid-Continent Casualty Co. - 12/4/1996
FRANCHINI, Justice.
{1} Appellee Dale Burge ("Burge") was involved in a traffic collision with uninsured motorist Michael Sanchez ("Sanchez"). Burge brought a negligence action against Sanchez in district court in Taos ("Burge I...
Evans v. State - 6/21/1996
BOSSON, Judge.
{1} We are presented with the following question: Under the Implied Consent Act may the Department of Motor Vehicles ("DMV" or "the Department") conduct license revocation hearings telephonically for DWI offenses...
State v. Roper - 6/19/1996
I. FACTUAL AND PROCEDURAL BACKGROUND
{2} Defendant and a passenger were involved in a vehicular accident. Defendant lost control of his motorcycle when he hit either a pothole or a patch of gravel. Both he and the passenger...
City of Lovington v. Tyson - 6/5/1996
Bustamante, Judge.
{1} Defendant appeals his conviction for aggravated driving under the influence of alcohol (DWI). The facts of this case are undisputed, and we believe the law to be applied to the facts is clear. Therefore, we...
State v. Manzanares - 5/20/1996
RANSOM, Justice.
{1} The State appealed to the Court of Appeals from the district court's dismissal of criminal proceedings against Ventura Manzanares for violation of his right to a speedy trial. The district court had...
Twohig v. Blackmer - 5/20/1996
ORIGINAL SUPERINTENDING CONTROL PROCEEDING
RANSOM, Justice.
{1} Attorney Ray Twohig petitioned this Court for a writ of superintending control vacating a trial court order prohibiting all trial participants from...
State v. House - 3/28/1996
PICKARD, Judge.
{1} The trial court denied Defendant's request for bail pending appeal of his convictions for driving while intoxicated (DWI) (second offense), reckless driving, great bodily injury by vehicle (alternatively by...
State v. Landgraf - 1/11/1996
BLACK, Judge.
{1} On July 13, 1992, Charles Landgraf (Defendant) drank some beer after work. Early that evening he drove his sports car south on Highway 70 from Clovis toward Portales. A New Mexico State Police Officer clocked...
Collyer v. State - 12/11/1995
BUSTAMANTE, Judge.
1. Robert Collyer appeals from the district court's denial of his petition for a writ of certiorari directing the Motor Vehicle Division (MVD) to treat his criminal conviction for driving while intoxicated...
State v. Nelson - 12/1/1995
BUSTAMANTE, Judge.
1. The State's appeal in this case presents a single issue: whether a valid out-of-state conviction for driving under the influence of intoxicating liquor or drugs (DWI) constitutes a prior conviction...
State v. Gutierrez - 11/15/1995
BOSSON, Judge.
1. Defendant appeals the district court affirmance of his metropolitan court convictions for driving under the influence of intoxicating liquor or drugs (DWI), failure to maintain traffic lane, and no proof of...
State v. Madalena - 9/19/1995
FLORES, Judge.
1. Defendant was convicted of driving while intoxicated (DWI) after being stopped at a sobriety checkpoint, also known as a DWI roadblock, conducted by the Albuquerque Police Department (APD). Defendant appeals on...
State v. Yarborough - 9/13/1995
FLORES, Judge.
1. Defendant appeals his conviction for involuntary manslaughter by careless driving. We consolidate the issues raised by Defendant on appeal and address them as follows: (1) whether a showing of criminal...
County of Los Alamos v. Beckman - 9/6/1995
Bustamante, Judge.
The County of Los Alamos (the County) appeals from a district court order dismissing misdemeanor charges against Defendant William C. Beckman (Beckman) because he was not brought to trial in municipal court...
State v. Ruiz - 8/18/1995
BLACK, Judge.
1. Defendant appeals his convictions for careless driving and driving while intoxicated. Defendant maintains that, in admitting the calibration log and printout of the Intoxilyzer 5000, the district court admitted...
State v. Contreras - 8/16/1995
1. Michael Contreras was convicted on one count of felony murder under NMSA 1978, Section 30-2-1(A )(2) (Repl. Pamp. 1994), one count of armed robbery under NMSA 1978, Section 30-16-2 (Repl. Pamp. 1994), one count of tampering with...
State v. Sanchez - 7/26/1995
Appellants, Daniel Sanchez and Ronald Sanchez, were convicted of first-degree murder under NMSA 1978, Section 30-2-1(A ) (Repl. Pamp. 1994), attempted first-degree murder with a firearm enhancement under NMSA 1978, Section 30-28-1(A...
State v. Bates - 6/27/1995
Defendant appeals his conviction for driving while intoxicated (DWI). He contends that the roadblock at which he was detained violated prohibitions of both the New Mexico and the United States Constitutions against unreasonable...
Rodarte v. State - 6/22/1995
1. The Department appeals from the district court's reversal of the Department's revocation of Petitioner's drivers license. The only issue raised on appeal is the proper interpretation of NMSA 1978, Section 66-8-112(B ) and (C)...
State v. Jones - 6/6/1995
Defendant appeals his convictions for two counts of criminal sexual penetration (CSP) in the third degree (of R.M. and F.C.), one count of robbery (of R.M.), and one count of unlawful taking of a vehicle (of R.M.). He was acquitted of...
Fugere v. State - 4/6/1995
The opinion filed February 28, 1994 is withdrawn and the following substituted therefor.
Albert R. Fugere appeals from an order of the district court affirming the decision of the Motor Vehicle Division of the Taxation and...
Marez v. State - 3/17/1995
BUSTAMANTE, Judge.
The Motor Vehicle Division (MVD) revoked Appellant Kenneth Marez' (Marez) driver's license pursuant to the New Mexico Implied Consent Act. NMSA 1978, §§ 66-8-105 through 66-8-112 (Repl. Pamp. 1994). The...
State v. Christian - 3/13/1995
Opinion
BOSSON, Judge.
Defendant appeals his conviction for driving while under the influence of intoxicating liquor (DWI), based upon a blood-alcohol level exceeding .10%. We discuss whether a blood-alcohol report from...
State v. Jacquez - 12/15/1994
Opinion
APODACA, Chief Judge.
The memorandum opinion filed on November 22, 1994 is withdrawn on the panel's own motion, and the following opinion is substituted in its place.
The State appeals from the trial court's...
Apodaca v. State - 8/29/1994
HARTZ, Judge.
Licensee appeals the revocation of his driving privileges for ninety days, pursuant to NMSA 1978, Section 66-8-111(C ) (Repl. Pamp. 1987) (revocation for driving while under the influence of intoxicating liquor). A...
State v. Ware - 8/29/1994
BACA, Justice.
Pursuant to SCRA 1986, 12-502 (Repl. Pamp. 1992), the State appeals the Court of Appeals' opinion in State v. Ware, N.M. , P.2d (Ct. App. 1993) (No. 13,307), which affirmed a trial court order suppressing certain...
State v. White - 6/27/1994
PICKARD, Judge.
Defendant appeals from convictions for two counts of vehicular homicide and one count of great bodily injury by vehicle. He contends that (1) he was deprived of his right to a speedy trial by the ten and one-half...
In re Administrative Revocation Hearing of Abel G. Suazo - 6/23/1994
Frost, Justice.
The New Mexico Implied Consent Act, NMSA 1978, Sections 66-8-105 through 66-8-112 (Repl. Pamp. 1987 & Cum. Supp. 1993), provides that a motorist, upon refusing to take a blood-alcohol test after...
State v. Young - 4/20/1994
APODACA, Judge.
Defendant was charged under indictment with an open count of murder. After a jury trial, he was convicted of voluntary manslaughter in violation of NMSA 1978, Section 30-2-3 (Repl. Pamp. 1984). He appeals...
State v. Wood - 4/19/1994
DONNELLY, Judge.
Defendant appeals his conviction for possession of cocaine, contrary to NMSA 1978, Section 30-31-23(D )(Cum. Supp. 1993). In challenging his conviction, Defendant argues that (1) the trace amount of...
State v. Fernandez - 4/14/1994
BLACK, Judge.
On December 4, 1991 David Fernandez (Defendant) was arrested by Taos County Police Officer David Romo and charged with driving while intoxicated (DWI), careless driving, and resisting arrest. On January 6,...
State v. Wright - 12/8/1993
Opinion
Defendant appeals her conviction for driving while under the influence of intoxicating liquor (DWI) under NMSA 1978, Section 66-8-102 (effective until January 1, 1994) (Cum.Supp.1993). She does not appeal her...
State v. Cavanaugh - 12/6/1993
Opinion
Defendant appeals his conviction for driving while under the influence of intoxicating liquor contrary to NMSA 1978, Section 66-8-102 (Cum.Supp.1993) and resisting, evading, or obstructing an officer contrary to...
State v. Simpson - 11/24/1993
Opinion
Russell Simpson was convicted by a jury of two counts of homicide by vehicle (vehicular homicide) and one count of great bodily injury by vehicle under NMSA 1978, Subsections 66-8-101(A) and (B) (Cum.Supp.1993). He...
Dick v. City of Portales - 9/22/1993
Opinion
Petitioners, George and Susan Dick, filed an application with the Alcohol and Gaming Division of the New Mexico Department of Licensing and Regulation (AGD), requesting approval for a transfer of an existing liquor...
State v. Yazzie - 8/12/1993
Opinion
Defendant appeals her conviction for involuntary manslaughter. The sole issue raised on appeal is whether Defendant should have been prosecuted for homicide by vehicle rather than for involuntary manslaughter. We...
State v. Pettigrew - 8/3/1993
Opinion
In these consolidated appeals, Defendants Bannister, Pettigrew, and Turner raise issues related to their felony aggravated battery convictions pursuant to NMSA 1978, Section 30-3-5(C ) (Repl.Pamp.1984). Defendant...
State v. Ware - 6/29/1993
CHAVEZ, Judge.
Defendant was charged with three counts of battery with a deadly weapon. The indictment alleged that Defendant struck or applied 'force' to the [victim], with a rock, a deadly weapon. Defendant filed a motion to...
Varela v. New - 6/15/1993
Andres Varela appealed to the district court from his metropolitan court conviction on a charge of driving while intoxicated. When the appeal had not been resolved within the six-month time limit set by SCRA 1986, 7-703(J )...
State v. One 1990 Chevrolet Pickup - 6/1/1993
Opinion
We have consolidated the above three cases because each raises the issue of whether NMSA 1978, Section 30-31-34(D ) (Repl.Pamp.1989), provides for forfeiture of vehicles and other property when the owner of the...
State v. Affsprung - 4/26/1993
Opinion
Defendant appeals the trial court's order denying his motion to suppress. Following the denial of his motion to suppress, Defendant filed an application for interlocutory appeal. The issue on appeal is whether,...
State v. Suazo - 3/17/1993
CHAVEZ, Judge.
The state appeals the district court's reversal of the revocation of appellee Abel Suazo's driver's license. Two issues are raised on appeal. First, the state contends Suazo refused to take a chemical breath...
State v. Powell - 2/15/1993
Defendant was convicted at a non-jury trial of a violation of NMSA 1978, Section 30-7-3(A ) (Repl.Pamp.1984), which prohibits the " nlawful carrying of a firearm in
an establishment licensed to dispense alcoholic...
State v. Hernandez - 1/14/1993
Defendant Ralph Hernandez appeals his conviction on charges of first degree felony murder, aggravated burglary, attempted robbery, and battery. Because Defendant was sentenced to life imprisonment for the
first degree...
State v. Harrison - 12/29/1992
Defendant appeals his conviction for driving while intoxicated (DWI). The issues on appeal are whether Defendant's conviction for DWI was supported by substantial evidence and what type of criminal intent must be proved in order to...
State v. Richardson - 4/3/1992
APODACA, Judge.
The state appeals the district court's order dismissing the state's complaint against defendant. Defendant was charged with driving under the influence of intoxicating liquor (a criminal charge commonly referred...
Bierner v. State - 3/26/1992
HARTZ, Judge.
We have consolidated these two appeals on our own motion because they raise the same question: To revoke a driver's license under the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (Repl. Pamp. 1987), does...
State v. Pinela - 3/5/1992
BLACK, Judge.
Defendant appeals his conviction for possession of cocaine. He argues that the Roswell Municipal Court bench warrant was invalid, and if it was not, Officer Steinbeck was not authorized to execute it in Dexter....
State v. Russell - 10/31/1991
MINZNER, Judge.
Defendant appeals his sentence for driving while under the influence of intoxicating liquor (DWI) as a fourth conviction under NMSA 1978, Section 66-8-102(E ) (Cum. Supp. 1990). A district court jury...
Estate of Fred Larry Mitchum v. Triple S Trucking - 10/18/1991
DONNELLY, Judge.
Worker's estate appeals from a judgment and order dismissing his claim for workers' compensation benefits based upon a finding by the workers' compensation judge (WCJ) that the accidental injury sustained by...
State v. Serna - 8/29/1991
The opinion filed August 1, 1991, is withdrawn and the following substituted therefor.
The grand jury indicted defendant with harboring a felon contrary to NMSA 1978, Section 30-22-4 (Repl. Pamp. 1984). After waiving his right...
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