New Mexico Supreme Court· 12/20/2000

State v. Johnson

Citations

15 P.3d 1233
130 N.M. 6
2001 NMSC 001

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that \the public interest and potential harm posed by intoxicated drivers is so compelling that the [New Mexico] offense of DWI is a strict liability crime\
stating that \the public's interest in deterring individuals from driving while intoxicated is compelling\
stating that “the public’s interest in deterring individuals from driving while intoxicated is compelling”
requiring “an overt act in furtherance of and with intent to commit” the crime
“While we agree with the Court of Appeals that footnote 1 in Boone[ v. State, 105 N.M. 223, 731 P.2d 366 (1986)] was dicta and not binding authority, the Court of Appeals should give such language adequate deference and not disregard it summarily.”
“We find that the clear purpose of the ‘actual physical control’ element of the DWI statute is to deter persons from placing themselves in a situation in which they can directly commence operating a vehicle while they are intoxicated, regardless of the location of the vehicle.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baca, Serna, Maes, Minzner, Franchini

Read full opinion on CourtListener

Cited by

63 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

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