Legal Opinion

City of Rio Rancho v. Mazzei

New Mexico Court of Appeals

Decided March 8, 2010No. 28,609; 32,314PublishedCited by 2 opinions

1Opinion of the Court

OPINION

VANZI, Judge.

{1} Defendant appeals his conviction for his third offense of driving while under the influence of intoxicating liquor (DWI), pursuant to a violation of City of Rio Rancho, N.M., Municipal Code, Rev. Ordinances ch. VI, art. VI § 12.1 (2007) (the Ordinance). On appeal, Defendant challenges the constitutionality of the City of Rio Rancho’s ability to charge him with a petty misdemeanor pursuant to the Ordinance. Defendant asserts that the Ordinance is inconsistent with state law because it limits his right to a jury trial, whereas the state statute for the identical offense…

2Cases cited19 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Pennsylvania v. MunizSupreme Court of the United States · 1990
  4. State v. JAVIER M.New Mexico Supreme Court · 2001
  5. In Re Grand Jury Subpoena Duces Tecum Dated October 29, 1992. United States of America v. John DoeCourt of Appeals for the Second Circuit · 1993

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3Cited by2 opinions

  1. State v. Randy J.New Mexico Court of Appeals · 2011
  2. City of Rio Rancho v. KingNew Mexico Court of Appeals · 2011

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