Legal Opinion
City of Albuquerque v. Chavez
New Mexico Court of Appeals
Decided March 21, 1978No. 3363PublishedCited by 4 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
City of Albuquerque Ordinance 4.10(B) reads:
B. Attempted operation of vehicle while under the influence. It shall be unlawful for any person under the influence of intoxicating liquor, narcotic drug, other drug or any combination thereof to a degree which renders him incapable of driving safely, to start or attempt to start or operate a vehicle.
Chavez has been charged with violating the ordinance in that he was “asleep behind the wheel with motor running, found to be under the influence of alcohol.” The municipal court held the ordinance “cannot be enforced under the…
2Cases cited4 opinions
- State v. BlevinsNew Mexico Supreme Court · 1936
- Apodaca v. WilsonNew Mexico Supreme Court · 1974
- State v. GutierrezNew Mexico Court of Appeals · 1975
- City of Las Cruces v. DavisNew Mexico Court of Appeals · 1975
3Cited by4 opinions
- State v. SimsNew Mexico Supreme Court · 2010
- Waksman v. City of AlbuquerqueNew Mexico Supreme Court · 1984
- State v. MirabalNew Mexico Court of Appeals · 1989
- Lara v. City of AlbuquerqueNew Mexico Court of Appeals · 1998