Attorney General Opinions and Advisory Letters

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Opinion No. 36-1408

July 13, 1936

BY: FRANK H. PATTON, Attorney General

TO: Mr. S. H. Bernard, Justice of the Peace, Precinct No. 3, Kingston, New Mexico.

{*130} Your letter of July 10th refers to Section 11-226 of the 1929 Compilation, which has reference to driving a motor vehicle while under the influence of liquor.

You are advised that this Act has probably been superseded by the law of 1929, which is cited as Section 11-802 of the 1929 Compilation, and the penalty is set forth in Section 11-860, said penalty being imprisonment in the county or municipal jail for not less than thirty days nor more than one year, or by a fine of not less than $ 100.00 nor more than $ 1,000.00, or by both such fine and imprisonment.

This penalty makes a violation of the Act a misdemeanor, but at the same time it takes it out of the jurisdiction of the justice of the peace and all such cases should be filed in the District Court.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.