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STATE v. VILLAS

No. 22,483.

55 P.3d 437 (2002)

132 N.M. 741

2002-NMCA-104

STATE of New Mexico, Plaintiff-Appellee, v. Esther M. VILLAS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied October 7, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

John W. Higgins, Higgins and Mescall, Albuquerque, NM, for Appellant.

Certiorari Denied, No. 27,685, October 7, 2002.

OPINION

PICKARD, Judge.

{1} Defendant was stopped at a police roadblock and was found to have a breath alcohol content (BAC) of .12. She appeals her conviction for driving while intoxicated (DWI), arguing that police misconduct in failing to charge another intoxicated driver rendered the roadblock unconstitutional. In the alternative, she argues that the police decision to prosecute her but not...

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