Legal Opinion

State v. Saiz

New Mexico Court of Appeals

Decided April 18, 2001No. 21,797PublishedCited by 11 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Defendant appeals the district court’s affirmance of his judgment and sentence for aggravated DWI (third offense) (R.P. 107-110). At the time of the events that led to his conviction Defendant was operating a moped. Defendant argues that a “ ‘moped’ ” as defined in NMSA 1978, § 66-l-4.11(F) (1998) and regulated by NMSA 1978, § 66-3-1101 (1981) is not a “vehicle” for the purpose of the Motor Vehicle Code prohibition against driving while intoxicated under NMSA 1978, § 66-8-102 (1999). We disagree with Defendant and hold that persons using a moped are subject to…

2Cases cited6 opinions

  1. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
  2. Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
  3. State v. CleveNew Mexico Supreme Court · 1999
  4. State Ex Rel. Klineline v. BlackhurstNew Mexico Supreme Court · 1988
  5. General Motors Acceptance Corp. v. AnayaNew Mexico Supreme Court · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. FairbanksNew Mexico Court of Appeals · 2003
  2. State v. FarishNew Mexico Supreme Court · 2021
  3. State v. HernandezNew Mexico Court of Appeals · 2003
  4. State v. AlmanzarNew Mexico Court of Appeals · 2012
  5. Adams v. CommonwealthCourt of Appeals of Kentucky · 2008

6 more not listed; retrieve them via the Exa API.

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