NM Court of Appeals Schedules June 23, 10:00 AM Hearing
June 6, 2016 - Jen Laws
The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, June 23, 2016. The oral argument is open to the public and begins at 10:00 A.M.
A three-judge panel will preside: Judge Michael E. Vigil, Judge James J. Wechsler, and Judge Jonathan B. Sutin (’63).
Following are the details of the case:
JUAN ANTONIO OCHOA-BARRAZA, Petitioner-Appellant, represented by Ben A. Ortega
vs.
STATE OF NEW MEXICO, TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Respondent-Appellee, represented by Julia A. Belles
In 2011, Petitioner-Appellant was pulled over by a Bernalillo County Deputy Sheriff who suspected the Appellant was under the influence of alcohol. The deputy called for the assistance of a Spanish-speaking deputy when it became unclear whether the Appellant spoke fluent English. The instructions for the field sobriety test were given in Spanish; an implied consent advisory was read in English only. Appellant’s driver’s license was revoked for at least one year. The district court upheld the revocation in 2014. Appellant alleges that the implied consent advisory was not properly administered because it was knowingly administered in English to a primarily Spanish-speaking motorist and that the license revocation cannot stand.
- Petitioner-Appellant’s Brief in Chief
- Respondent-Appellee’s Answer Brief
- Petitioner-Appellant’s Reply Brief
For more information, contact Nora Gonzales at 505-841-4618.
