Legal Opinion
State v. Day
New Mexico Court of Appeals
Decided October 11, 2006No. 25,290PublishedCited by 6 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} The State has filed a motion for rehearing and a motion and renewed motion for an immediate stay. The panel members of the original panel have considered the State’s motions and hereby deny those motions. We withdraw the opinion filed June 1, 2006, and this opinion is substituted in its stead.
{2} Defendant John Day appeals his conviction for driving while intoxicated (DWI) based on a determination that his breath alcohol content was .08 or more at the time of driving. The jury inferred guilt from evidence of Defendant’s eyes, speech, and behavior and a .08 breath test…
2Cases cited14 opinions
- Mata v. StateCourt of Criminal Appeals of Texas · 2001
- State v. GarciaNew Mexico Supreme Court · 2005
- State v. NunezNew Mexico Supreme Court · 1999
- Commonwealth v. WirthKentucky Supreme Court · 1996
- State v. BaldwinNew Mexico Court of Appeals · 2001
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. DayNew Mexico Supreme Court · 2008
- State v. PickettNew Mexico Court of Appeals · 2009
- State v. DowneyNew Mexico Court of Appeals · 2007
- State v. DowneyNew Mexico Court of Appeals · 2007
- State v. PickettNew Mexico Court of Appeals · 2009
1 more not listed; retrieve them via the Exa API.