U.S. v. BURCIAGA

No. 11-2109.

687 F.3d 1229 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Francisco BURCIAGA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 25, 2012.


Attorney(s) appearing for the Case

Joshua S. Johnson , Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. ( Lanny A. Breur , Assistant Attorney General, Gregory D. Andres , Acting Deputy Assistant Attorney General, and Richard A. Friedman , Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., and Kenneth J. Gonzales , United States Attorney, and C. Paige Messec and Jon K. Stanford , Assistant United States Attorneys, Albuquerque, NM, with him on the brief) for Plaintiff-Appellant.

Teresa M. Duncan , Freedman Boyd Hollander Goldberg Ives & Duncan, Albuquerque, NM, for Defendant-Appellee.

Before BRISCOE, Chief Judge, and BALDOCK and TYMKOVICH, Circuit Judges.


BALDOCK, Circuit Judge.

Where "other traffic may be affected," § 66-7-325 of the New Mexico Statutes requires a motorist changing traffic lanes to signal "continuously during not less than the last one hundred feet traveled by the vehicle" before the change. N.M. Stat. Ann. § 66-7-325(A) & (B). The New Mexico Supreme Court has construed § 66-7-325 to require "a signal even when there is only a reasonable possibility that other traffic may be affected...

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