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STATE v. SLAYTON

No. 31,244.

223 P.3d 337 (2009)

2009-NMSC-054

STATE of New Mexico, Plaintiff-Respondent, v. Michael SLAYTON, Defendant-Petitioner.

Supreme Court of New Mexico.

November 6, 2009.

Attorney(s) appearing for the Case

Henninghausen & Olsen, L.L.P., Kenneth B. Wilson, Roswell, NM, for Petitioner.

Gary K. King, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} After rear-ending a vehicle and leaving the scene of the accident, Defendant Michael Slayton was handcuffed in his driveway by a police service aide (PSA), pending the arrival of police officers to investigate Defendant's involvement in the accident. As a result of the investigation, Defendant was charged with aggravated DWI, second offense, contrary to NMSA 1978, Section 66-8-102 (1953, prior to 2007...

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