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BOONE v. STATE

No. 16085.

731 P.2d 366 (1986)

Fred BOONE, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied February 3, 1987.

Attorney(s) appearing for the Case

Winston Roberts-Hohl, Santa Fe, Morris Stagner, Dan B. Buzzard, Clovis, for petitioner.

Paul Bardacke, Atty. Gen., Charles D. Noland, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

STOWERS, Chief Justice.

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 late 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...

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