State v. Hughey

OPINION

FRY, Judge.

{1} The State appeals from an order excluding evidence of Defendant’s blood alcohol content (BAC) tested four hours after the accident caused by Defendant. In State v. Silago, 2005-NMCA-100, ¶¶ 12-15, 23, 138 N.M. 301, 119 P.3d 181, 2005 WL 1994285 [No. 24,854 (N.M. Ct.App. June 27, 2005) ], filed today, we held that a trial court erroneously excluded evidence of the defendant’s BAC based on a flawed reading of our case law on the relation back of BAC evidence, and we remanded that case so the trial court could consider whether to admit or exclude the evidence under proper…