Legal Opinion
State v. Wyrostek
New Mexico Court of Appeals
Decided December 6, 1988No. 10626PublishedCited by 12 opinions
1Opinion of the Court
OPINION
ALARID, Judge
The state appeals an order suppressing a blood-alcohol test taken from defendant-appellee, Edward Wyrostek (Wyrostek), while he was unconscious and before he had been placed under arrest. Defendant asserts that the Implied Consent Act (Act), NMSA 1978, Sections 66-8-105 to -112 (Repl. Pamp.1987), requires an arrest before a blood test can be administered to an unconscious person. We disagree and, accordingly, reverse the trial court’s order suppressing the evidence.
FACTS
Wyrostek was the driver of a vehicle involved in a two-car accident in Albuquerque on October 3, 1987.…
2Cases cited26 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- People v. Superior CourtCalifornia Supreme Court · 1972
- Scales v. StateWisconsin Supreme Court · 1974
- State v. CampbellMontana Supreme Court · 1980
- State v. MitchellSupreme Court of Florida · 1971
21 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. JAVIER M.New Mexico Supreme Court · 2001
- State v. MarshallNew Mexico Court of Appeals · 2004
- Marshall v. Columbia Lea Regional HospitalCourt of Appeals for the Tenth Circuit · 2007
- State v. OrtegaNew Mexico Court of Appeals · 1992
- State v. PadillaNew Mexico Supreme Court · 1997
7 more not listed; retrieve them via the Exa API.