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CITY OF SANTA FE v. MARTINEZ

No. 31,785.

242 P.3d 275 (2010)

2010-NMSC-033

CITY OF SANTA FE, Plaintiff-Appellant, v. Marcos MARTINEZ, Defendant-Appellee.

Supreme Court of New Mexico.

June 24, 2010.

Attorney(s) appearing for the Case

R. Alfred Walker , Santa Fe, NM, for Appellant.

Robert E. Tangora, L.L.C., Robert E. Tangora , Santa Fe, NM, for Appellee.

OPINION

SERNA, Justice.

{1} Marcos Martinez (Defendant) was convicted in municipal court of aggravated driving while intoxicated (DWI), contrary to Santa Fe City Code, Section 12-6-12.1 (2007). Pursuant to Rule 8-703 NMRA, Defendant appealed to the district court. In the district court, Defendant moved to dismiss the charges based on a violation of the misdemeanor arrest rule and, in the alternative, moved to suppress any evidence obtained as...

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