Legal Opinion
Schuster v. New Mexico Dep't. of Taxation & Revenue
New Mexico Supreme Court
Decided July 26, 2012No. Docket 32,942PublishedCited by 27 opinions
1Opinion of the Court
OPINION
CHÁVEZ, Justice.
{1} Eric Schuster (Schuster) appeals a decision of the Taxation and Revenue Department, Motor Vehicle Division (MVD) to revoke his driver’s license pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 2007). The predominant issue in this case is whether MVD must find that the arrest of a driver charged with driving while intoxicated (DWI) was constitutional as one of the prerequisites to revoking the driver’s license. We answer this question in the affirmative and overrule Glynn v. State, Taxation & Revenue Dep’t, MVD,…
2Cases cited26 opinions
- Whren v. United StatesSupreme Court of the United States · 1996
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
- State v. LeyvaNew Mexico Supreme Court · 2011
- State v. RyonNew Mexico Supreme Court · 2005
21 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. RadosevichNew Mexico Supreme Court · 2018
- State v. RadosevichNew Mexico Supreme Court · 2018
- Luginbuhl v. City of GallupNew Mexico Court of Appeals · 2013
- El Castillo Retirement Residences v. MartinezNew Mexico Court of Appeals · 2015
- Victor v. N.M. Dep't of HealthNew Mexico Court of Appeals · 2013
22 more not listed; retrieve them via the Exa API.