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STATE, DEPARTMENT OF MOTOR VEHICLES v. GOBER

Nos. 9696-9700.

513 P.2d 391 (1973)

85 N.M. 457

In re Revocation of Drivers License of Jimmy D. Gober, John B. Grisolano, Rex B. Lee, Geraldine P. Stivers, Esther C. Warren. STATE of New Mexico, DEPARTMENT OF MOTOR VEHICLES, Appellant and Cross-appellee, v. Jimmy D. GOBER, Rex B. Lee, Geraldine P. Stivers, Esther C. Warren, Appellees, and John B. Grisolano, Appellee and Cross-Appellant.

Supreme Court of New Mexico.

August 17, 1973.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Sidney S. Jaffe, Lewis Z. Griswold, Asst. Attys. Gen., Motor Vehicle Dept., Santa Fe, for appellant.

Burr & Cooley, Tansey, Rosebrough, Roberts & Gerding, R. Thomas Dailey, Baggett & Baggett, Farmington, Richard W. Hughes, Shiprock, for appellees.

OPINION

McMANUS, Chief Justice.

This appeal concerns the New Mexico Implied Consent Act, § 64-22-2.4 et seq., N.M.S.A. 1953. Gober, Grisolano, Lee, Stivers and Warren ("appellees") refused to submit to chemical tests to determine the alcoholic content of their blood. Pursuant to the above statutory provisions, and because of their refusals to submit to tests, each appellee's license was revoked. Each appellee then obtained a hearing before an agent...

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