Legal Opinion
State v. Gardner
New Mexico Court of Appeals
Decided September 11, 1998No. 18,949PublishedCited by 45 opinions
1Opinion of the Court
OPINION
PICKARD, J.
{1} In 1993, the Implied Consent Act was amended so that motor vehicle operators are deemed to consent to blood or breath alcohol tests that are “approved by the scientific laboratory division of the department of health.” NMSA 1978, § 66-8-107(A) (1993). Department of Health Regulation 12.1.1 requires breath samples to be collected only after “the subject has been under continuous observation for at least 20 minutes prior to collection of the first breath sample.” 7 NMAC 33.2.12.12.2.1 (Oct. 31, 1996). The question we address in this case is whether a breath alcohol test…
2Cases cited23 opinions
- State v. BakerWashington Supreme Court · 1960
- Bettini v. City of Las CrucesNew Mexico Supreme Court · 1971
- State v. AnayaNew Mexico Supreme Court · 1996
- Glasmann v. State, Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 1986
- State v. JonesNew Mexico Court of Appeals · 1998
18 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State v. DedmanNew Mexico Supreme Court · 2004
- State v. MartinezNew Mexico Supreme Court · 2007
- State v. DuarteNew Mexico Court of Appeals · 2006
- State v. MarquezNew Mexico Supreme Court · 2009
- State v. OnsurezNew Mexico Court of Appeals · 2002
40 more not listed; retrieve them via the Exa API.