(Download) "State v. Gardner" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Gardner
- Author : New Mexico Court of Appeals
- Release Date : January 11, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
{1} In 1993, the Implied Consent Act was amended so that motor vehicle operators are deemed to consent to blood or breath alcohol tests that are "approved by the scientific laboratory division of the department of health." NMSA 1978, 66-8-107(A) (1993). Department of Health Regulation 12.1.1 requires breath samples to be collected only after "the subject has been under continuous observation for at least 20 minutes prior to collection of the first breath sample." 7 NMAC 33.2.12.12.2.1 (Oct. 31, 1996). The question we address in this case is whether a breath alcohol test taken after the Defendant was continuously observed for only fifteen minutes is admissible in her criminal case for driving while intoxicated (DWI). We hold that it is not and reverse.
 "State v. Gardner" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free){kind=link}