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, Lester Mike, was convicted for driving while under the influence of an intoxicating liquor. The conviction was based on an incident where he was stopped by an officer for not using a turn signal while making a turn and subsequently failing a BAC test.

Procedural History

• Appeal from the District Court of Bernalillo County, Alisa Hadfield, District Judge.

Parties' Submissions

• Defendant-Appellant: Argued that the State failed to establish reasonable suspicion for the stop due to a turn signal violation, as there was no evidence presented that the officer’s car might have been affected by his failure to use a turn signal. Also contended that the district court abused its discretion in admitting the BAC test results, arguing that the State did not demonstrate compliance with the applicable SLD regulations, specifically concerning the introduction of a portable breath test mouthpiece during the deprivation period which could have affected the test's accuracy.
• Plaintiff-Appellee: Maintained that reasonable suspicion for the stop was established based on the officer’s observation of the Defendant turning without using a turn signal. Also argued that compliance with SLD regulations was shown through Officer Brown’s testimony, which indicated that the Defendant had not eaten, drunk, or smoked during the deprivation period, and that the officer had checked the Defendant’s mouth at the beginning of this period.

Legal Issues

• Whether the State failed to show that reasonable suspicion existed to stop the Defendant for a turn signal violation.
• Whether the district court abused its discretion in admitting the results of the BAC test, given the Defendant's argument about non-compliance with applicable SLD regulations.

Disposition

• The Court of Appeals affirmed the metropolitan court’s sentencing order.

Reasons

• The Court, consisting of Judges James J. Wechsler, Roderick T. Kennedy, and Linda M. Vanzi, found the Defendant's arguments unconvincing and upheld the initial proposed disposition to affirm the conviction. The Court agreed with the district court’s analysis that reasonable suspicion for the stop was established by the officer’s testimony of observing the Defendant turn without using a turn signal. This was deemed sufficient to satisfy the requirements for a turn signal violation under NMSA 1978, Section 66-7-325(A). Regarding the BAC test results, the Court concurred with the district court that the State had shown compliance with the applicable SLD regulations, particularly noting Officer Brown’s testimony about the deprivation period procedures, which aligned with regulatory requirements.