STATE of New Mexico, Plaintiff-Appellee,
v.
Miriam I. ALEMAN, Defendant-Appellant, and
State Of New Mexico, Plaintiff-Appellee,
v.
Alberto Valenzuela, Defendant-Appellant.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
June 30, 2008.
Certiorari Denied, No. 31,250, August 25, 2008.
Attorney(s) appearing for the Case
Gary K. King, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee.
John Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender Santa Fe, NM, for Appellants.
Court of Appeals of New Mexico.
OPINION
ROBINSON, Judge.
{1} In this opinion, we deal with a DUI prosecution in which Defendants ingested drugs rather than alcohol. We address the admissibility of the expert opinion testimony of a Drug Recognition Evaluator (DRE) regarding a 12-Step Protocol (Protocol), which is a process designed to enable law enforcement to identify (1) whether a subject's ability to operate a vehicle is impaired and (2) which category of drugs has affected...
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