BRANSFORD v. STATE TAXATION AND REVENUE

No. 18101, 18385.

960 P.2d 827 (1998)

125 N.M. 285

1998-NMCA-077

Deborah BRANSFORD, Petitioner-Appellant, v. STATE of New Mexico TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Respondent-Appellee. and Joe M. JARAMILLO, Petitioner-Appellee, v. STATE of New Mexico TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Respondent-Appellant.

Court of Appeals of New Mexico.

April 30, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Judith Mellow, Special Assistant Attorney General, Santa Fe, for Respondent-Appellee and Respondent-Appellant State of New Mexico.

Gary C. Mitchell, Gary C. Mitchell, P.C., Ruidoso, for Petitioner-Appellant Deborah Bransford.

Gerald E. Baca, McClaugherty, Silver, Downes, Baca & Ellington, P.C., Las Vegas, for Petitioner-Appellee Joe M. Jaramillo.


OPINION

BOSSON, Judge.

{1} These two cases have been consolidated at the request of the Motor Vehicle Division (MVD) because they both address foundational requirements for breath and blood alcohol tests in drivers' license revocation proceedings conducted pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -110 (1978, as amended through 1993). The issue common to both cases is whether the State, in offering these...

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