State v. Goodman

OPINION

KENNEDY, Judge.

{1} In this case we determine that a five- to fifteen-second delay in proceeding from a red light turned green does not constitute obstructing traffic as a matter of law in violation of a City of Albuquerque Ordinance entitled “Vehicles, Pedestrians Not to Obstruct Streets.” Albuquerque, N.M., Rev. Ordinances ch. 8, art. I, § 8-2-1-33 (1974) (the Ordinance). Consequently, we also hold that the officer who stopped Defendant solely for a violation of the Ordinance based on that transitory delay was operating under an unreasonable mistake of law, and lacked reasonable…