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STATE v. MAXWELL

No. 33,902.

376 P.3d 882 (2016)

2016-NMCA-061

STATE of New Mexico, Plaintiff-Appellant, v. Johnny MAXWELL, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, June 13, 2016, No. S-1-SC-35841.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM, Kenneth H. Stalter , Assistant Attorney General, Albuquerque, NM, for Appellant.

The Woods Law Firm, Janice K. Woods , Socorro, NM, for Appellee.

OPINION

{1} We address in this appeal whether the provision of the Implied Consent Act that entitles a person arrested for driving under the influence to a reasonable opportunity to arrange for an independent chemical test requires the arresting officer to transport the person to obtain the test. We hold that...

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