Legal Opinion

State v. Herrera

New Mexico Court of Appeals

Decided January 8, 1991No. 12216PublishedCited by 15 opinions

1Opinion of the Court

OPINION

DONNELLY, Judge.

This case presents the question of whether a written notification of driver’s license revocation mailed by the Motor Vehicle Division (Division), pursuant to NMSA 1978, Section 66-2-11 (Cum.Supp.1987), creates a presumption that the licensee has knowledge of the revocation sufficient to allow a conviction for driving with a suspended or revoked license contrary to NMSA 1978, Section 66-5-39(A) (Cum.Supp.1987). We hold that in criminal cases, Section 66-2-11 creates no such presumption, but that under the facts of this case, the mailing of a notice of revocation,…

2Cases cited32 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  4. People v. BennettSupreme Court of Colorado · 1973
  5. State v. LuceroNew Mexico Court of Appeals · 1986

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3Cited by15 opinions

  1. State v. HodgeNew Mexico Supreme Court · 1994
  2. State v. McCraineWest Virginia Supreme Court · 2003
  3. Maso v. State of New Mexico Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2004
  4. State v. GonzalezNew Mexico Court of Appeals · 2005
  5. State v. HarrisonNew Mexico Court of Appeals · 1992

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

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