Incorporated County of Los Alamos v. Montoya

OPINION

MINZNER, Judge.

Appellant, County of Los Alamos, appeals from a district court decision declaring: (1) that Los Alamos County Municipal Court lacks subject matter jurisdiction to try first offenders for driving while intoxicated (DWI), contrary to local ordinance; and (2) that the local ordinance under which defendant appellees were charged is unconstitutional. We reverse and remand.

BACKGROUND.

In 1986, the Los Alamos County Council adopted an ordinance establishing mandatory minimum sentences for certain DWI offenders. The ordinance requires that first offenders who have a blood alcohol…