(Download) "Boone V. State" by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Boone V. State
- Author : New Mexico Supreme Court
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant Fred Boone was arrested without a warrant and charged with driving while under the influence of intoxicating liquor and drugs (DWI) after police officers discovered him in the driver's seat of his automobile, stopped in a traffic lane at night with the automobile's engine running but its lights off. See NMSA 1978, § 66-8-102 (Cum. Supp.1986) (DWI). Ruling that the warrantless arrest was unlawful, the trial court ordered the suppression of all evidence obtained after the arrest and the dismissal of the charges. That evidence included the results of a field sobriety test that defendant failed, his refusal to take a breathalyzer test at the police station, and statements of defendant and his passenger. The State appealed pursuant to NMSA 1978, Subsection 39-3-3(B), and the Court of Appeals reversed the trial court's judgment.