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STATE v. WENGER

No. 19,692.

985 P.2d 1205 (1999)

127 N.M. 625

1999-NMCA-092

STATE of New Mexico, Plaintiff-Appellant, v. Chuck WENGER, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted June 30, 1999.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Ass't Attorney General, Santa Fe, for Appellant.

Liane E. Kerr, Albuquerque, for Appellee.

Certiorari Granted, No. 25,796, June 30, 1999.

OPINION

PICKARD, Chief Judge.

{1} The State appeals the district court's dismissal of a charge of driving while intoxicated (DWI) against Defendant. The district court dismissed the charge because Defendant was arrested while in actual physical control of a non-moving vehicle on private property. Based on a common-sense interpretation of the DWI statute, NMSA 1978, § 66-8-102 (1997), related...

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