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STATE v. REGER

No. 28,900.

236 P.3d 654 (2010)

2010-NMCA-056

STATE of New Mexico, Plaintiff-Appellee, v. Mark O. REGER, Defendant-Appellant.

Court of Appeals of New Mexico.

May 11, 2010.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Ralph E. Trujillo, Assistant Attorney General, Albuquerque, NM, for Appellee.

J. Robert Beauvais, P.A., J. Robert Beauvais, Ruidoso, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Defendant Mark Reger appeals his convictions for aggravated driving while under the influence of intoxicating liquor (DWI), and driving while license suspended or revoked. The factual setting of Defendant's case requires us to consider whether a police officer may properly arrest an intoxicated driver standing outside his vehicle when the officer has not observed him driving. We conclude that the misdemeanor arrest...

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