Legal Opinion

Bransford v. State Taxation & Revenue Department

New Mexico Court of Appeals

Decided April 30, 1998No. 18101, 18385PublishedCited by 8 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

{1} These two cases have been consolidated at the request of the Motor Vehicle Division (MVD) because they both address foundational requirements for breath and blood alcohol tests in drivers’ license revocation proceedings conducted pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -110 (1978, as amended through 1993). The issue common to both cases is whether the State, in offering these test results into evidence in license revocation proceedings, may lay the necessary foundation for those test results by a means other than live testimony. We hold that the…

2Cases cited21 opinions

  1. Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
  2. State v. RamirezNew Mexico Court of Appeals · 1976
  3. Ferguson-Steere Motor Co. v. State Corp. CommissionNew Mexico Supreme Court · 1957
  4. United States v. Coy HinesCourt of Appeals for the Tenth Circuit · 1978
  5. State v. RuizNew Mexico Court of Appeals · 1995

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3Cited by8 opinions

  1. State v. SanchezNew Mexico Court of Appeals · 2001
  2. State v. ChristmasNew Mexico Court of Appeals · 2001
  3. State v. ChristmasNew Mexico Court of Appeals · 2001
  4. State v. SmithNew Mexico Court of Appeals · 1999
  5. Mississippi Potash, Inc. v. LemonNew Mexico Court of Appeals · 2002

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