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NM Court of Appeals Schedules March 18, 10:00 AM Hearing

March 10, 2015 - Jen Laws

New Mexico Court of Appeals

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Wednesday, March 18, 2015. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge James J. Wechsler, Judge Jonathan B. Sutin (’63), Judge Michael E. Vigil.

Following are the details of the case:

MYRON G. YEPA, Petitioner-Appellee, represented by represented by Barbara Creel, Veronica C. Gonzales, and Heidi Todacheene

vs.

STATE OF NEW MEXICO TAX AND REVENUE DEPARTMENT, Respondent-Appellant, represented by Peter A. Breen

In 2009, the legislature amended NMSA 1978, § 66-5-33.1 (2009). The amendment required drivers who have had a revocation either through a DWI conviction or through an implied consent revocation to obtain an ignition interlock license for at least six months before being eligible to apply for reinstatement from the revocation period. Despite being eligible for reinstatement a few months prior to the change in the law, the Appellee requested reinstatement shortly after the law changed and was told he had to get an ignition interlock license. Respondent-Appellant requests review of district court’s declaration of NMSA 1978, § 66-5-33.1(B)(4) to be impermissibly retroactive and an ex post facto law.

For more information, contact Nora Gonzales at 505-841-4618.