Legal Opinion

Yepa v. State Taxation & Revenue Department

New Mexico Court of Appeals

Decided August 25, 2015No. 35,453; Docket No. 33,101Published

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} On appeal, we are presented with the question whether the application of the ignition interlock requirement set forth in NMSA 1978, Section 66-5-33.1 (2009), to an individual whose license was revoked prior to the effective date of the amendment, violates the prohibition against ex post facto laws. As a preliminary matter, we hold that the district court properly had jurisdiction of this case involving a constitutional challenge because it raised a purely legal issue not requiring exhaustion of administrative remedies. On the merits, because we conclude that the…

2Cases cited22 opinions

  1. State v. LeyvaNew Mexico Supreme Court · 2011
  2. State v. NunezNew Mexico Supreme Court · 1999
  3. Smith v. City of Santa FeNew Mexico Supreme Court · 2007
  4. State Ex Rel. Schwartz v. KennedyNew Mexico Supreme Court · 1995
  5. State Ex Rel. Norvell v. Credit Bureau of Albuquerque, Inc.New Mexico Supreme Court · 1973

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