Garza v. State of New Mexico Taxation & Revenue Department

OPINION

ALARID, Judge.

{1} The State Motor Vehicle Division (MVD) filed a notice of appeal from an order of the district court that reinstated Frank Garza’s driver’s license. The parties briefed the issues of the proper method of appellate review, the timeliness of Garza’s motion for reconsideration before the district court, and the use of the breath test results in revoking his driver’s license. We affirm the district court’s order reinstating Garza’s driver’s license.

PROPER PROCEDURE FOR APPELLATE REVIEW

{2} While this case was pending on appeal, this Court clarified that the proper procedure…