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Appeals court rules on DWI arrest cases
The New Mexico Court of Appeals held that a police officer may make a warrantless arrest for drunken driving without observing a moving vehicle if the officer has probable cause from his own observations and circumstantial evidence. Defendant Fred Boone was found in the driver's seat of a stopped car in Portales, with engine running, lights out, and alcohol smells cited along with slurred speech. The ruling preserves warrantless arrests in presence cases and clarifies the seizure status during a field sobriety test.
MENTIONED IN THIS ARTICLE
Santa FE
State Court of Appeals
Portales
Ron Martin
Fred Boone
Boone
Roosevelt County
William J. Schnedar
Roswell
Schnedar
William W. Bivins
Bivins
New Mexico Supreme Court
Delaware Supreme Court
Delaware
Martin
Bivin