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MATTER OF REVOCATION HEARING

No. 11391.

818 P.2d 1221 (1991)

112 N.M. 697

In the Matter of the REVOCATION HEARING by the NEW MEXICO DEPARTMENT OF MOTOR VEHICLES. Mark S. WEBER, Petitioner-Appellant, v. DEPARTMENT OF MOTOR VEHICLES State of New Mexico, Respondent-Appellee.

Court of Appeals of New Mexico.

June 13, 1991.

Attorney(s) appearing for the Case

LeRoy Duarte, Albuquerque, for petitioner-appellant.

Wanda Wilkinson, Sp. Asst. Atty. Gen., Taxation and Revenue Dept., Santa Fe, for respondent-appellee.

OPINION

CHAVEZ, Judge.

This appeal arises from an incident involving the arrest of a licensed driver (licensee). A police officer followed licensee to what turned out to be his residence and arrested him for driving while intoxicated. After nearly an hour, another officer tested licensee in two separate ways for blood alcohol content. The result of both tests was that licensee's blood alcohol content was over the legal limit of .10%. The officer seized licensee...

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