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Decision Information

Citations - New Mexico Laws and Court Rules
Chapter 66 - Motor Vehicles - cited by 2,960 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

  • Between 1990 and 2007, the Petitioner was convicted six times for driving while intoxicated (DWI). The last arrest occurred on August 17, 2005, and an interlock device was installed in the Petitioner's vehicle on December 9, 2005. On August 8, 2013, the Petitioner requested the restoration of his driver's license. Two evidentiary hearings were held, during which the Petitioner testified about his sobriety, participation in Alcoholics Anonymous, and the absence of violations on his interlock device. The Petitioner also submitted letters of support and interlock records (paras 2-3).

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Petitioner: Argued for the restoration of his driver's license, citing eight years of sobriety, participation in Alcoholics Anonymous, completion of all required programs, change in lifestyle, and no interlock device violations. Submitted letters of support and interlock records as evidence (paras 3-4).
  • State: Expressed concerns over the number of refusals to retest indicated in the Petitioner's interlock records but was satisfied with the Petitioner's explanation regarding these refusals. The State did not oppose the Petitioner's request for restoration (para 4).

Legal Issues

  • Whether the district court abused its discretion in determining that the Petitioner failed to meet the "good cause" standard required for the restoration of his driver's license pursuant to NMSA 1978, Section 66-5-5(D) (2011) (para 1).

Disposition

  • The Court of Appeals reversed the district court's decision and remanded for restoration of the Petitioner's driver's license (para 1).

Reasons

  • Per Cynthia A. Fry, J. (M. Monica Zamora, J., and J. Miles Hanisee, J., concurring): The Court found that the district court abused its discretion by denying the Petitioner's request for license restoration. The Court concluded that the Petitioner had demonstrated good cause for restoration by showing sobriety for over eight years, participation in Alcoholics Anonymous, completion of all required programs, a change in lifestyle, and no interlock device violations. The Court noted that the district court's focus on retest refusals and low-level alcohol readings, which were not considered violations, was misplaced. The Court emphasized that the statutory scheme allows for the restoration of a driver's license to individuals with multiple DWI convictions upon showing good cause, which the Petitioner had done. The Court also highlighted that the purpose of license revocation is to protect the public from unsafe drivers, and the Petitioner had demonstrated that he no longer posed a threat to public safety (paras 8-23).
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