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ALBUQUERQUE v. ONE (1) 1984 WHITE CHEVY UT.

No. 27,067.

46 P.3d 94 (2002)

132 N.M. 187

2002-NMSC-014

CITY OF ALBUQUERQUE, ex rel. Albuquerque Police Department, Petitioner-Appellant, v. ONE (1) 1984 WHITE CHEVY UT., VIN 1G8CS18BXE8176575, NEW MEXICO LICENSE NO. 335-KRH, One (1) 1992 Red Dodge Pick Up, VIN 1B7KE26Z2NS646602, New Mexico License No. 389-LBB, One (1) White 1974 Ford Van, VIN E37BHT24734, New Mexico License No. 855-BPZ, and One (1) 1982 White Datsun 720, VIN JN6MD06S6CW119958, New Mexico License No. 392-LNS, Defendants, and Rumaldo Lujan, Lucy Kowalchuk, Frank Bolagh, and Paula Viera, Claimants-Appellees.

Supreme Court of New Mexico.

April 24, 2002.

Attorney(s) appearing for the Case

City of Albuquerque, Stanley D. Harada, Albuquerque, NM, for Appellant.

Smith Law Offices, Jack A. Smith, Albuquerque, NM, for Appellee Rumaldo Lujan.

Phyllis H. Subin, Chief Public Defender, Thomas DeMartino, Assistant Public Defender Albuquerque, NM, Robert E. Tangora, L.L.C., Robert E. Tangora, Santa Fe, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.

Thomas DeMartino, Albuquerque, NM, for Amicus Curiae New Mexico Public Defender Department.

OPINION

FRANCHINI, Justice.

{1} This case arises under an ordinance (Ordinance) enacted by the City of Albuquerque to obtain civil forfeiture of motor vehicles from those motorists who drive after having had their licenses revoked for convictions for driving while intoxicated (DWI) or who have been arrested for a third or subsequent DWI offense after having two previous convictions for DWI. See Albuquerque, N.M., Code of Ordinances ch. 7, art...

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