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Citations - New Mexico Laws and Court Rules
Chapter 66 - Motor Vehicles - cited by 2,961 documents

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • The Defendant was convicted for driving while under the influence of an intoxicating liquor. The conviction stemmed from an incident where the Defendant was stopped by an officer for parking on a well-traveled highway, in a manner that was deemed impracticable to pull off the entire highway and outside of a business or residential district, potentially causing other cars to travel into the opposite lane to avoid collision.

Procedural History

  • District Court of Bernalillo County, Benjamin Chavez, District Judge: Entered a memorandum opinion in Defendant’s on-record appeal addressing the issue of reasonable suspicion for the stop.

Parties' Submissions

  • Defendant-Appellant: Argued that the State failed to show reasonable suspicion existed to stop him for a violation of NMSA 1978, Section 66-7-349(A) (1999), contending that the officer made a mistake of law regarding the statute's applicability to the area where he was stopped, and that his minimal intrusion into the traffic lane should not be criminalized.
  • Plaintiff-Appellee: Maintained that reasonable suspicion for the stop was established by the officer’s testimony, asserting that the Defendant was parked on a well-traveled highway where it was practicable for him to pull off the entire highway, and the area was outside of a business or residential district.

Legal Issues

  • Whether the State failed to show that reasonable suspicion existed to stop the Defendant for a violation of NMSA 1978, Section 66-7-349(A) (1999).
  • Whether the officer made a mistake of law regarding the statute's applicability to the area where the Defendant was stopped.
  • Whether the Defendant’s minimal intrusion into the traffic lane should be criminalized under Section 66-7-349(A).
  • Whether the stop was pretextual.

Disposition

  • The Court of Appeals affirmed the metropolitan court’s sentencing order.

Reasons

  • The Court, led by Judge Timothy L. Garcia with concurrence from Chief Judge Michael E. Vigil and Judge Michael D. Bustamante, held that reasonable suspicion existed for the stop based on the officer’s testimony and the circumstances of the case. The Court rejected the Defendant's argument that the officer made a mistake of law regarding the statute's applicability, citing the trial court's factual finding that the area where the Defendant was stopped was outside of a business or residential district. The Court also dismissed the Defendant's argument regarding the minimal intrusion into the traffic lane, affirming the district court’s analysis. Lastly, the Court found no persuasion in the Defendant's argument that the stop was pretextual, adopting the district court's opinion on this issue (paras 1-6).
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