Legal Opinion
State v. Wenger
New Mexico Court of Appeals
Decided June 30, 1999No. 19,692PublishedCited by 14 opinions
1Opinion of the Court
OPINION
PICKARD, Chief Judge.
{1} The State appeals the district court’s dismissal of a charge of driving while intoxicated (DWI) against Defendant. The district court dismissed the charge because Defendant was arrested while in actual physical control of a non-moving vehicle on private property. Based on a common-sense interpretation of the DWI statute, NMSA 1978, § 66-8-102 (1997), related statutes, the cases that have interpreted them, and the relevant uniform jury instruction, UJI 14-4511 NMRA1999, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
{2} The parties stipulated to the facts of this…
2Cases cited17 opinions
- State v. SutphinNew Mexico Supreme Court · 1988
- State v. RowellNew Mexico Supreme Court · 1995
- Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996
- High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- Fernandez v. Farmers Ins. Co. of ArizonaNew Mexico Supreme Court · 1993
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. JohnsonNew Mexico Supreme Court · 2000
- Phoenix Indemnity Insurance v. PulisNew Mexico Supreme Court · 2000
- Seeds v. LuceroNew Mexico Court of Appeals · 2005
- Risk Management Division v. McBrayerNew Mexico Court of Appeals · 2000
- State v. GarciaNew Mexico Court of Appeals · 2005
9 more not listed; retrieve them via the Exa API.