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STATE v. SIMS

No. 30,827.

236 P.3d 642 (2010)

2010-NMSC-027

STATE of New Mexico, Plaintiff-Respondent, v. Mark SIMS, Defendant-Petitioner.

Supreme Court of New Mexico.

June 8, 2010.

Attorney(s) appearing for the Case

Albright Law & Consulting, Jennifer Rebecca Albright, Albuquerque, NM, for Petitioner.

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

OPINION

CHÁVEZ, Justice.

{1} A police officer found Defendant passed out or asleep behind the wheel of his vehicle located in a commercial parking lot. The keys were on the front passenger seat of the vehicle. While awakening Defendant, the officer detected a strong odor of alcohol and observed that Defendant had bloodshot, watery eyes. Defendant admitted to drinking alcohol, failed field sobriety tests, and submitted to two breath tests...

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