Legal Opinion
State v. Martinez
New Mexico Court of Appeals
Decided February 15, 2002No. 22,005PublishedCited by 10 opinions
1Opinion of the Court
OPINION
BOSSON, Chief Judge.
{1} Defendant appeals from a judgment by the Second Judicial District Court, which affirmed his metropolitan court conviction for DWI (first offense). Defendant was convicted under NMSA 1978, Section 66-8-102(0) (1999), which prohibits driving with “an alcohol concentration of eight one-hundredths or more in his blood or breath.” Defendant argues that there was insufficient evidence to support his conviction based on breath alcohol concentration (BAC) tests that were not administered until an hour and thirty-one minutes after he finished driving and yielded results…
2Cases cited22 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- State v. CunninghamNew Mexico Supreme Court · 2000
- Commonwealth v. BarudSupreme Court of Pennsylvania · 1996
- State v. SalgadoNew Mexico Supreme Court · 1999
- State v. SandersNew Mexico Supreme Court · 1994
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. DayNew Mexico Supreme Court · 2008
- State v. Notah-HunterNew Mexico Court of Appeals · 2005
- State v. DayNew Mexico Court of Appeals · 2006
- State v. HugheyNew Mexico Court of Appeals · 2005
- State v. SilagoNew Mexico Court of Appeals · 2005
5 more not listed; retrieve them via the Exa API.