Legal Opinion
State v. Rios
New Mexico Court of Appeals
Decided March 22, 1999No. 18,539PublishedCited by 14 opinions
1Opinion of the Court
OPINION
APODACA, Judge.
{1} The metropolitan court, as a court of record, convicted Defendant for driving while under the influence of intoxicating liquor (DWI) contrary to NMSA 1978, § 66-8-102 (1993). Defendant appealed to the district court, which affirmed the conviction. He raises two issues on appeal to this court: (1) he was entitled as a matter of law to assert the defense of duress to the DWI charge and (2) there was insufficient evidence to refute this defense. We hold that the common-law defense of duress is available to defendants charged with the strict liability crime of DWI. We…
2Cases cited34 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- United States v. BaileySupreme Court of the United States · 1980
- State v. ApodacaNew Mexico Supreme Court · 1994
- State v. OgdenNew Mexico Supreme Court · 1994
- State v. WilsonNew Mexico Supreme Court · 1994
29 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. GuruleNew Mexico Court of Appeals · 2011
- State v. PerryNew Mexico Court of Appeals · 2009
- State v. TomNew Mexico Court of Appeals · 2010
- State v. JeffreyCourt of Appeals of Arizona · 2002
- State v. LewisNew Mexico Court of Appeals · 2008
9 more not listed; retrieve them via the Exa API.