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CITY OF FARMINGTON v. JOSEPH

No. 3135.

575 P.2d 104 (1978)

91 N.M. 414

CITY OF FARMINGTON, Plaintiff-Appellee, v. Eddie JOSEPH, Defendant-Appellant.

Court of Appeals of New Mexico.

January 24, 1978.

Attorney(s) appearing for the Case

Richard E. Ransom, P.A., Smith, Ransom & Gilstrap, Law Offices, Albuquerque, for defendant-appellant.

Dwight D. Arthur, City Atty., Farmington, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant was convicted by the Farmington municipal court of driving while under the influence of alcohol. He appealed to the district court where he was again found guilty. His appeal raises three issues: (1) time requirement for trial; (2) absence of advice to defendant concerning a chemical test; and (3) sufficiency of the evidence.

Time Requirement for Trial

The charge in municipal court was filed April...

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