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CITY OF ALBUQUERQUE v. CHAVEZ

No. 3363.

577 P.2d 457 (1978)

91 N.M. 559

CITY OF ALBUQUERQUE, Petitioner-Appellant, v. Paul CHAVEZ, Respondent-Appellee.

Court of Appeals of New Mexico.

Writ of Certiorari Denied April 11, 1978.

Attorney(s) appearing for the Case

Albert N. Thiel, Jr., Asst. City Atty., Albuquerque, for petitioner-appellant.

Bruce P. Moore, Albuquerque, for respondent-appellee.

OPINION

WOOD, Chief Judge.

City of Albuquerque Ordinance 4.10(B) reads:

B. Attempted operation of vehicle while under the influence. It shall be unlawful for any person under the influence of intoxicating liquor, narcotic drug, other drug or any combination thereof to a degree which renders him incapable of driving safely, to start or attempt to start or operate a vehicle.

Chavez has been charged with violating the ordinance in that he...

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