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Facts

  • The case involves the Defendant, Zachary Trower, who was pulled over by Officer Gustavo Avina for driving over the solid white line on the right shoulder side of the road while passing another vehicle. The officer initiated a traffic stop after observing the Defendant's vehicle swerve and cross the solid line again. During the stop, Officer Avina noticed signs of intoxication, leading to the Defendant's arrest for aggravated driving while intoxicated, failure to maintain a traffic lane, and no proof of insurance (paras 2-3).

Procedural History

  • Magistrate Court: Denied Defendant's motion to suppress evidence, leading to a conditional plea agreement by the Defendant, reserving the right to appeal the denial (para 1).
  • District Court of Doña Ana County: Denied Defendant's motion to suppress evidence and subsequent motion to reconsider the denial, affirming the magistrate court's decision (para 4).

Parties' Submissions

  • Defendant-Appellant: Argued that the traffic stop was unconstitutional as it was not supported by reasonable suspicion, claiming no violation of Section 66-7-317(A) occurred, and therefore, the officer lacked justification for the stop (paras 3, 5).
  • Plaintiff-Appellee (State of New Mexico): Contended that the district court did not err in denying the Defendant's motion to suppress because Officer Avina had reasonable suspicion of a violation of Section 66-7-317(A), justifying the traffic stop (para 5).

Legal Issues

  • Whether the district court erred in denying the Defendant's motion to suppress evidence on the basis that the traffic stop was not supported by reasonable suspicion of a violation of Section 66-7-317(A) (para 5).

Disposition

  • The New Mexico Court of Appeals affirmed the district court's orders denying the Defendant's motion to suppress evidence and the subsequent motion to reconsider such denial (para 13).

Reasons

  • Per J. Miles Hanisee, with concurrence from Judges Kristina Bogardus and Zachary A. Ives, the Court of Appeals found the facts of the case distinct from a precedent case, State v. Siqueiros-Valenzuela, due to the Defendant's vehicle crossing the solid line twice and swerving within the lane, which constituted reasonable suspicion of a violation of Section 66-7-317(A). The court applied a totality of the circumstances analysis, considering factors such as the nature of the deviation from the lane, the absence of weather conditions or road features affecting the Defendant's driving, and the presence of erratic driving or weaving. The court concluded that Officer Avina had reasonable suspicion to initiate the traffic stop, affirming the district court's decision (paras 6-12).
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