AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted of aggravated DWI (first offense, .16 or more) after being stopped by Sergeant McCoy. The stop occurred because the Defendant's vehicle, which had a flat tire, made a loud noise as it moved, and veered off the road to enter a gas station where Sergeant McCoy was present. The Defendant's vehicle approached closely to McCoy's police unit, and the Defendant exhibited a blank stare and slack jaw before sharply turning away and stopping in front of the convenience store, rather than at the air pump. (paras 3-4)

Procedural History

• District Court of San Juan County, Dalene Marsh, District Judge: Affirmed the magistrate conviction for aggravated DWI and remanded for imposition of the magistrate sentence. (para 1)

Parties' Submissions

• Defendant-Appellant: Argued that the stop was invalid as Officer McCoy lacked reasonable suspicion to justify the stop. (para 2)
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether Sergeant McCoy had reasonable suspicion to justify the stop of the Defendant's vehicle. (para 2)

Disposition

• The Court of Appeals affirmed the district court’s order that affirmed the Defendant's magistrate conviction for aggravated DWI and remanded for imposition of the magistrate sentence. (para 1)

Reasons

• Per J. MILES HANISEE, with JAMES J. WECHSLER and JONATHAN B. SUTIN concurring: The Court found that Sergeant McCoy had reasonable suspicion to justify the stop based on the Defendant's driving behavior, the condition of her vehicle, and her physical demeanor. The Court considered the totality of circumstances, including the Defendant's erratic driving and the vehicle's flat tire, as indicators of possible impairment and a violation of NMSA 1978, Section 66-3-901, which prohibits driving vehicles in an unsafe condition. Despite the Defendant's argument against the emphasis on her "blank stare and slack jaw" and her driving path in the parking lot, the Court disagreed, viewing these factors as contributing to reasonable suspicion. Additionally, the Court addressed the Defendant's argument regarding the definition of "highway," concluding that the Defendant's prior driving on Aztec, a highway, before entering the parking lot, supported the stop's legality. (paras 2-6)