[DOWNLOAD] "State v. Jones" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Jones
- Author : New Mexico Court of Appeals
- Release Date : January 20, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Certiorari denied, No. 25,010, April 16, 1998 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY JAMES F. BLACKMER, District Judge OPINION {1} Defendant appeals the district court's affirmance of his metropolitan court conviction of driving while intoxicated (DWI). On appeal, Defendant argues that the district court erred by: (1) finding that there was probable cause for his arrest; (2) failing to suppress the State's evidence of breath alcohol; (3) finding that Defendant was properly and accurately notified of his right to an independent sobriety test by someone of his own choosing; and (4) determining that NMSA 1978, § 66-8-109 (1993) does not allow an individual arrested for DWI the right to have a person of his own choosing draw his blood. In addition, Defendant argues that the failure of the police to follow Section 66-8-109(B) violated his right to due process. {2} Although we hold that the district court erred in its interpretation of the statute, we nonetheless affirm Defendant's conviction because the warrantless arrest was valid and because he was not prejudiced by the violation of his statutory rights.