This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was convicted of aggravated driving while under the influence (DWI), first offense. During the incident, the Defendant interacted with the arresting officer in English but later claimed that her primary languages are Russian and French, which allegedly led to a misunderstanding of the officer's request for a breath test (paras 1 and 3).
Procedural History
- Metropolitan Court of Bernalillo County: Convicted the Defendant of aggravated DWI, first offense (para 1).
Parties' Submissions
- Defendant-Appellant: Argued that she did not willfully refuse to submit to a breath test due to a language barrier, as her primary languages are Russian and French, and the officer did not provide an interpreter (para 3).
- Plaintiff-Appellee: [Not applicable or not found]
Legal Issues
- Whether the Defendant willfully refused to submit to a breath test.
- Whether there was sufficient evidence to support the conviction for aggravated DWI.
Disposition
- The Court of Appeals affirmed the Defendant's conviction (para 5).
Reasons
Per Attrep, Chief Judge (Hanisee and Duffy JJ. concurring): The Court found that the Defendant's argument regarding the language barrier was not persuasive. The officer acknowledged the language issue but did not seek an interpreter. The Court emphasized that it is the fact-finder's role to resolve conflicts in testimony and determine credibility. The evidence presented was deemed sufficient to support the conviction, as the Defendant's refusal to take the breath test could be considered willful, and other evidence supported the DWI charge (paras 3-4).