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STATE v. WILLIE

Nos. 30,909, 31,104.

212 P.3d 369 (2009)

2009-NMSC-037

STATE of New Mexico, Plaintiff-Petitioner, v. Travis WILLIE, Defendant-Respondent. State of New Mexico, Plaintiff-Petitioner, v. Frank Julian, Defendant-Respondent.

Supreme Court of New Mexico.

June 24, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Petitioner.

Hugh W. Dangler, Chief Public Defender, J.K. Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} Defendants Frank Julian and Travis Willie each waited for about an hour following their DWI arrests to submit to a breathalyzer test. They awaited the test in either the arresting officer's patrol car with their hands cuffed behind their backs, a holding cell at the police station in view of the arresting officer, or the breath testing room while in the officer...

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