State v. Sandoval

I dissent.

A. The admission of ,"one drink” of beer was prejudicial error.

“Reckless driving” is defined in § 64-22-3(A), N.M.S.A.1953 (2d Repl.Vol. 9, pt. 2). It reads:

Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving. [Emphasis added]

Was “one drink” of beer an hour or more before the fatal accident admissible to prove the charge of homicide by vehicle…