Legal Opinion
State v. Johnson
New Mexico Supreme Court
Decided December 20, 2000No. 25,950, 25,796PublishedCited by 85 opinions
1Opinion of the Court
OPINION
BACA, Justice.
{1} In these consolidated cases, we are called upon to clarify the offense of driving while intoxicated (DWI) and define its parameters. We granted certiorari pursuant to NMSA 1978, § 34-5-14(B) (1972) in order to review two cases which have been consolidated to address whether the State can charge a defendant with DWI pursuant to NMSA 1978, § 66-8-102 (1997, prior to 1999 amendment) when the defendant is on private property and in actual physical control of a non-moving vehicle. After a careful and in-depth analysis of the applicable statutes, existing case law, and the…
2Cases cited34 opinions
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- State v. RowellNew Mexico Supreme Court · 1995
- State v. WilsonNew Mexico Supreme Court · 1994
- State v. ParishNew Mexico Supreme Court · 1994
29 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- State v. RiveraNew Mexico Supreme Court · 2003
- State v. SmithNew Mexico Supreme Court · 2004
- State v. LaneyNew Mexico Court of Appeals · 2003
- Seeds v. LuceroNew Mexico Court of Appeals · 2005
- State v. WilliamsNew Mexico Court of Appeals · 2006
80 more not listed; retrieve them via the Exa API.