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GARZA v. STATE TAXATION & REV. DEPT., MVD

No. 22,977.

92 P.3d 685 (2004)

135 N.M. 673

2004-NMCA-061

Frank GARZA, Petitioner-Appellee, v. STATE of New Mexico TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Respondent-Appellant.

Court of Appeals of New Mexico.

March 17, 2004.

Attorney(s) appearing for the Case

Mark L. Pickett, Las Cruces, NM, for Appellee.

Patricia A. Madrid, Attorney General, Julia Belles, Special Assistant Attorney General, Taxation & Revenue Department, Santa Fe, NM, for Appellant.

OPINION

ALARID, Judge.

{1} The State Motor Vehicle Division (MVD) filed a notice of appeal from an order of the district court that reinstated Frank Garza's driver's license. The parties briefed the issues of the proper method of appellate review, the timeliness of Garza's motion for reconsideration before the district court, and the use of the breath test results in revoking his driver's license. We affirm the district court's order reinstating Garza...

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