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KANIKAYNAR v. SISNEROS

No. 98-2200.

190 F.3d 1115 (1999)

Mark Erroll KANIKAYNAR, Plaintiff-Appellant, v. Michael SISNEROS, Director Bernalillo County Detention Center; Attorney General State of New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 17, 1999.

Attorney(s) appearing for the Case

D. Eric Hannum, Albuquerque, New Mexico, for Plaintiff-Appellant.

M. Anne Kelly, Assistant Attorney General for the State of New Mexico, (Tom Udall, Attorney General for the State of New Mexico, on the brief), Santa Fe, New Mexico, for Defendants-Appellees.

Before PORFILIO, BRORBY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Mark Erroll Kanikaynar was arrested for driving while intoxicated ("DWI"). While in custody, the arresting officer read to him the warning required by the New Mexico Implied Consent Act, informing him that if he refused to consent to the chemical testing, his driver's license could be revoked. See N.M. Stat. Ann. § 66-8-111(B). He pleaded guilty to DWI, in violation of N.M. Stat. Ann. § 66-8-102(D), which carries with it an...

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