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.
Page 1 2 3
Thompson v. McKinley County - 8/20/1991
Clarence Thompson and Tomada Enterprises, Inc., plaintiffs below and owners of retail liquor establishments with drive-up windows, appeal the dismissal of their complaint against McKinley County and the city of Gallup in an action...
State v. Yazzie - 8/1/1991
Defendant appeals the district court's order affirming the Motor Vehicle Division's (division) revocation of defendant's driver's license. Defendant raises several issues on appeal, which we have consolidated into two issues: (1)...
Mitchell v. County of Los Alamos - 7/2/1991
In this case we consider whether an indigent criminal defendant may be barred from appeal because he has failed to post an appeal bond as required by NMSA 1978, Section 35-15-7(A ) (Repl. Pamp. 1988). Because an opposite result would...
In re Revocation Hearing - 6/13/1991
This appeal arises from an incident involving the arrest of a licensed driver (licensee). A police officer followed licensee to what turned out to be his residence and arrested him for driving while intoxicated. After nearly an hour,...
State v. O''Kelley - 4/25/1991
MINZNER, Judge.
Defendant was indicted for vehicular homicide and driving while intoxicated. After a trial on both charges, the jury convicted him of driving while intoxicated, but could not agree as to vehicular homicide....
Romero v. State - 4/16/1991
Plaintiffs' decedents, Andrea Lucero and Toby Esquibel (the passengers), died in a single-vehicle accident on May 8, 1986, on Rio Arriba County Road 41. The driver of the vehicle is not a party to this action. The jury apportionment of...
Ortiz v. New Mexico State Police - 3/25/1991
We granted this interlocutory appeal to consider whether the New Mexico Tort Claims Act provides immunity to law enforcement officers whose negligent supervision and training of their subordinates proximately causes the commission by...
Dematteo v. Simon - 3/19/1991
Randall DeMatteo (DeMatteo) and DeMatteo Construction Co. (construction company), defendants, appeal a judgment on a jury verdict awarding Julie Simon, plaintiff, compensatory and punitive damages for injuries arising out of an...
State v. Bearly - 3/7/1991
Defendant was convicted of driving while intoxicated and of failure to maintain a traffic lane. He contends that he was denied his constitutional right to counsel, was denied his statutory right to make telephone calls after his...
California First Bank v. State - 11/28/1990
Ransom, Justice.
California First Bank, as personal representative of the estates of Laurence Henry McKeen, Shelby McKeen, and Kimberly McKeen, and as guardian of Molly Lynn McKeen, filed suit for wrongful death and...
County of Los Alamos v. Tapia - 4/12/1990
MONTGOMERY, Justice.
In the trial of a criminal case, after jeopardy attaches, one of three outcomes is possible: The trial may be completed and the defendant acquitted; the trial may be completed and the defendant...
Furgason v. Clausen - 10/10/1989
DONNELLY, Judge.
Appellant James M. Furgason appeals from an order granting summary judgment and dismissing his complaint for libel against defendants Christopher Clausen, Donrey, Inc., and the Alamogordo Daily News for...
State v. Benjamin C. - 9/5/1989
HARTZ, Judge.
The child appeals the children's court judgment that he had committed the charged offenses of Driving Under the Influence of Intoxicating Liquor (DWI), NMSA 1978, Section 66-8-102 (Supp. 1988) and Minor...
Wilschinsky v. Medina - 6/29/1989
BACA, Justice.
This certification from the United States District Court raises a fundamental question whether a third party, who is injured by a person under the influence of medications administered to her as an outpatient...
Inc. County of Los Alamos v. Johnson - 6/27/1989
SCARBOROUGH, Justice.
Sometime after midnight on July 18, 1986, a uniformed officer of the Los Alamos Police Department observed Johnson driving in an erratic manner. The police officer suspected Johnson was DWI and elected to...
State v. Eden - 5/9/1989
BIVINS, Chief Judge.
Defendant was convicted by a jury of one count of causing great bodily harm by vehicle and one count of operating a snowmobile recklessly. The charges arose out of an accident that took place on Forest...
State v. Bishop - 12/8/1988
DONNELLY, Chief Judge.
The state appeals from a judgment of the district court affirming an order of dismissal by the metropolitan court of the charges against defendant for driving while intoxicated and failure to yield the...
State v. Wyrostek - 12/6/1988
ALARID, Judge.
The state appeals an order suppressing a blood-alcohol test taken from defendant-appellee, Edward Wyrostek (Wyrostek), while he was unconscious and before he had been placed under arrest. Defendant asserts that the...
State v. Jim - 10/18/1988
BIVINS, Judge.
Defendant appeals a conviction for one count of great bodily injury by a motor vehicle, contrary to NMSA 1978, Section 66-8-101 (Repl. Pamp. 1987). He raises three issues: (1) whether the prosecution...
Richardson v. Carnegie Library Restaurant Inc. - 10/18/1988
WALTERS, Justice.
Wade Fitzsimmons Richardson was killed when a two-ton dumptruck driven by Billibob Lewis collided with the car that Richardson was operating. Lewis had become intoxicated at a bar owned by Carnegie Library,...
State v. Ruiten - 6/28/1988
DONNELLY, Chief Judge.
Defendant Van Ruiten appeals from an order of the trial court revoking his driver's license for failure to submit to a blood-alcohol test. On appeal defendant argues
that: (1) the police...
State v. Wiberg - 3/17/1988
GARCIA, Judge
Following a jury trial, defendant, Vincent Wiberg, was convicted of driving while under the influence of alcohol, in violation of NMSA 1978, Section 66-8-102(A ) (Repl. Pamp.1987); vehicular homicide while...
State v. Romero - 12/17/1987
BIVINS, Judge.
This appeal comes before this court for decision after the case was submitted to an advisory committee pursuant to an experimental plan. See Boucher v. Foxworth-Galbraith Lumber Co.,
105 N.M. 442 , 733...
Stephens v. State - 7/9/1987
MINZNER, Judge.
Petitioner appeals from an order of the district court affirming a decision of the Motor Vehicle Division (MVD or division) to revoke petitioner's driver's license for 90 days pursuant to NMSA 1978, Section ...
State of New Mexico v. Herman - 6/30/1987
ALARID, Judge.
The court, on its own motion, has determined that the original opinion filed in this cause on June 4, 1987 should be withdrawn and the following substituted.
The State of New Mexico, Transportation...
City of Las Cruces v. Betancourt - 3/5/1987
GARCIA, Judge.
Defendants appeal the trial court's denial of their motions to suppress evidence. The two issues raised in this case are: 1) whether police roadblocks set up for the purpose of detecting and apprehending drunk...
State v. Olaya - 3/5/1987
MINZNER, Judge.
Defendant appeals his conviction for possession of cocaine, contending that the trial court erred in denying his motion to suppress evidence seized prior to arrest. Defendant raises three issues: (1) whether...
State v. Begay - 2/17/1987
BIVINS, Judge.
This appeal raises two issues: (1) whether the trial court erred in dismissing Count 3 of the criminal information; and (2) whether the trial lacks subject-matter jurisdiction to hear this case. ...
State v. Greyeyes - 2/10/1987
DONNELLY, Chief Judge.
Defendant appeals his conviction of driving while intoxicated, in violation of NMSA 1978, Section 66-8-102 (Cum. Supp. 1986). On appeal, defendant raises six issues. We group the questions presented...
Boone v. State - 12/31/1986
STOWERS, Chief Justice.
Defendant Fred Boone was arrested without a warrant and charged with driving while under the influence of intoxicating liquor and drugs (DWI) after police officers discovered him in the driver's seat...
Garza v. Glen Falls Insurance Co. - 12/17/1986
FEDERICI, Justice.
This litigation arose out of a one vehicle automobile accident which occurred on May 18, 1985, in Dona Ana County, New Mexico. At that time, Adriel Garza, the son of plaintiff-appellee Homer Garza (plaintiff),...
State v. Hicks - 12/16/1986
GARCIA, Judge.
This appeal by the state concerns the power of district courts to dismiss criminal charges because of a delay in the filing of a criminal complaint. We discuss: (1) whether the district court erred in denying the...
In re Nails - 11/25/1986
PER CURIAM.
This matter is before this Court after disciplinary proceedings conducted pursuant to NMSA 1978, Rules Governing Discipline (Repl. Pamp. 1985) wherein attorney Walter Nails was found to have committed numerous...
In re Rainaldi - 10/30/1986
Per Curiam.
This matter having come before this Court on September 8, 1986, upon referral by the Judicial Standards Commission (Commission) after a hearing on the matter. The Commission found that Judge Lidio G. Rainaldi, in his...
State v. Lopez - 9/9/1986
DONNELLY, Judge.
The appeals of co-defendants Alberto Lopez and Thomas K. Colson arise out of efforts of Lopez, a Texas bail bondsman, and Colson, his employee, to arrest and forcefully return to Texas authorities a person to...
State v. Privett - 4/11/1986
WALTERS, Justice.
Defendant Privett appeals from a conviction of first degree murder on two grounds:
(1) The trial court erred in refusing to instruct the jury on diminished responsibility resulting from intoxication (NMSA...
State v. Vigil - 12/3/1985
GARCIA, Judge.
A criminal information was filed against defendant, charging him with two counts of causing great bodily injury while driving under the influence of intoxicating liquor, contrary to NMSA 1978, Section ...
State v. Lyon - 8/1/1985
BIVINS, Judge.
Convicted of driving under the influence (DWI) by a metropolitan court jury, defendant appealed to the district court for a trial de novo, where the district court, without a jury, convicted defendant. He...
Vallejos v. Barnhart - 3/19/1985
WALTERS, Justice.
Defendants petitioned the district court for a writ of prohibition against various metropolitan court judges to curtail bench trials and require a jury trial in multiple offense cases for which, upon...
McCarson v. Foreman - 12/4/1984
MINZNER, Judge.
Defendants-Appellants Roy and Skip Foreman appeal from a jury verdict of $350,000 in a wrongful death suit arising out of an automobile accident which occurred in Las Cruces, New Mexico, on September 27,...
Walker v. Key - 6/19/1984
DONNELLY, Chief Judge.
This is a wrongful death action. Appellants are the personal representatives of the estates of Barbara Jo Black and Martin Black, decedents. They appeal from the entry of separate orders granting...
State v. Branchal - 6/7/1984
NEAL, Judge.
This is a homicide case. The evidence details a stormy six-year relationship which ended when the defendant fired a single bullet into the victim's chest, killing him. Our concern is with the denial of a...
Smith v. Love - 5/30/1984
STOWERS, Justice.
The petitioner, William Patrick Smith, seeks a writ of prohibition or superintending control directing the respondent, the district court, to dismiss with prejudice the appeal of the State and prohibiting the...
State v. Baca - 5/15/1984
BIVINS, Judge.
This appeal presents the question of whether a conviction based on a nolo contendere plea can be used as the sole basis to revoke probation. We hold that it cannot and, therefore, reverse.
Following...
State v. Manzanares - 12/7/1983
FEDERICI, Justice.
This is a criminal action arising in Rio Arriba County. Defendant was charged in the district court with a single felony count of homicide by vehicle while driving under the influence of intoxicating liquor....
Salazar v. City of Santa Fe - 11/10/1983
LOPEZ, Judge.
The defendants, the City of Santa Fe and Western Insurance Company, appeal a judgment awarding death benefits to the
plaintiff under the New Mexico Workmen's Compensation Act. We affirm.
This...
State v. Sanchez - 10/14/1982
Walters, Chief Judge.
This is an appeal from defendant's conviction on five counts of homicide by vehicle, contrary to § 66-8-101 , N.M.S.A. 1978. He asserts two appellate issues in his brief: (A) ineffective assistance of...
State v. Ulibarri - 5/19/1981
HENDLEY, Judge.
Convicted of operating a motor vehicle while under the influence of intoxicating liquor contrary to § 66-8-102 , N.M.S.A. 1978 (Supp. 1980), defendant was sentenced to a term of nine months and fined $500.00...
State v. Chavez - 5/12/1981
HENDLEY, Judge.
The defendant was charged with driving while intoxicated contrary to § 66-8-102 , N.M.S.A. 1978 (Supp. 1980). The State appeals the trial court's granting of defendant's motion to exclude any evidence of...
State v. Hernandez - 9/30/1980
WALTERS, Judge.
The defendant was convicted of battery upon a police officer. On appeal, his appellate counsel (who did not represent Hernandez at trial and did not prepare the docketing statement, see N.M.R. Crim. App.P. 205(b),...
State v. Lovato - 9/2/1980
HENDLEY, Judge.
Convicted of homicide by vehicle while driving under the influence of intoxicating liquor or while driving recklessly contrary to § 66-8-101(B ), N.M.S.A. 1978, defendant appeals. His point relating to the...
State v. Sanchez - 4/15/1980
WALTERS, Judge.
Defendant's probation was revoked after hearing, and the original sentence of one to five years in the penitentiary was imposed. All but thirty days to be served in the county jail was suspended. We affirm. ...
State v. Bramlett - 3/13/1980
WALTERS, Judge.
Defendant, convicted on one count of possession of methamphetamine and another count of possession of less than eight ounces of marijuana, appeals his convictions. He was acquitted of the charge of possession...
State v. Luna - 1/28/1980
SOSA, Chief Justice.
Defendant appeals his convictions of first-degree murder, under the felony-murder doctrine, and aggravated burglary. He was sentenced to life imprisonment for the murder charge and to a ten to fifty year...
State v. Stephens - 10/1/1979
EASLEY, Justice.
The defendants Jack Stephens and Michael Colby appeal from their convictions of first-degree murder. We discuss whether the trial court should have, sua sponte, ordered a severance of the trial of the two...
State v. Steele - 9/11/1979
WALTERS, Judge.
The trial court suppressed the results of a blood-alcohol test taken of defendant without his consent, but under the authority of a search warrant issued upon probable cause. The State appeals.
Several...
Fernandez v. Lloyd McKee Motors Inc. - 5/3/1977
SUTIN, Judge.
The issue to determine is whether Ernest H. Bisaillon (Ernest) was acting within the scope and authority of his employment at the time of an accident in which plaintiff was injured. Summary judgment was granted...
City of Farmington v. Sandoval - 3/1/1977
WOOD, Chief Judge.
The municipal court convicted defendant of violating two Farmington ordinances. He appealed to the district court. After an evidentiary hearing, defendant was again convicted of the ordinance violations....
State v. Tanton - 9/30/1975
STEPHENSON, Justice.
Charged by indictment with homicide by vehicle, Tanton moved for dismissal claiming double jeopardy after conviction of municipal traffic charges. The trial court denied the motion. Upon an interlocutory...
State v. Raley - 3/13/1974
SUTIN, Judge.
Defendant was convicted of driving while under the influence of intoxicating liquor contrary to § 64-22-2(A ), N.M.S.A. 1953 (2nd Repl. Vol. 9, pt. 2). He appeals. We reverse.
Defendant contends: (1) The...
State v. Sweat - 10/20/1967
HENSLEY, Jr., Chief Judge.
The defendant-appellant, Virgil Martin Sweat, was charged in the Justice of the Peace Court with driving while intoxicated. The accused demanded a jury trial. The Justice of the Peace not being...
State v. Gutierrez - 6/20/1966
HENSLEY, JR., Chief Judge, Court of Appeals.
Ernest Joe Gutierrez was charged with having violated § 64-13-68, N.M.S.A. 1953 Comp., a misdemeanor. After trial in the district court of Eddy County, conviction and sentence, the...
Page 1 2 3
|
|