State v. Kanikaynar

23. I concur in the dispositions under Subsections II B, C and D of the majority opinion. I respectfully disagree, however, with the majority’s holding under Subsection II A that NMSA 1978, Section 66-8-102 (Repl.Pamp.1994) does not violate Defendant’s right to due process. I would conclude instead that the failure to advise Defendant of the possible criminal consequences of his refusal to take a breath test violated Defendant’s right to due process.

I. DISCUSSION

24. The majority relies primarily on South Dakota v. Neville, 459 U.S. 553, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983) as the basis for…