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 found intoxicated in a parked vehicle located in the driveway of a private home. A police officer responding to a noise complaint observed the Defendant in the driver’s seat with the keys in the ignition, the battery operating the vehicle, the radio on, and the hood warm. The Defendant admitted to drinking but claimed he had not consumed alcohol until after parking for the night. The Defendant stated he was homeless and living in the vehicle, occasionally running the engine for heat. Empty beer bottles were found in the vehicle.
Procedural History
- District Court, Chaves County: The Defendant was convicted of aggravated driving under the influence (DWI).
Parties' Submissions
- Appellant (Defendant): Argued that the evidence was insufficient to prove he was in actual physical control of the vehicle, as he had not moved the vehicle for hours and only started it occasionally for heat. He also contended that he was denied a fair trial but abandoned this argument on appeal.
- Appellee (State): Asserted that the evidence demonstrated the Defendant was in actual physical control of the vehicle, as he was in the driver’s seat with the keys in the ignition, the battery operating the vehicle, and the hood warm. The State relied on precedent establishing that actual physical control can exist even when a vehicle is parked.
Legal Issues
- Was there sufficient evidence to establish that the Defendant was in actual physical control of the vehicle while intoxicated?.
- Did the Defendant’s actions meet the statutory definition of aggravated DWI under New Mexico law?.
Disposition
- The Court of Appeals affirmed the Defendant’s conviction for aggravated DWI.
Reasons
Per Vigil J. (Castillo and Vanzi JJ. concurring):
The Court held that substantial evidence supported the jury’s finding that the Defendant was in actual physical control of the vehicle. The Court emphasized that under New Mexico law, a person can be in actual physical control of a vehicle even if it is parked, provided they are capable of starting the engine and causing the vehicle to move. The officer’s testimony that the Defendant was in the driver’s seat, with the keys in the ignition, the battery operating the vehicle, and the hood warm, was sufficient to meet this standard. The jury was properly instructed on the law, and the Defendant’s arguments did not distinguish this case from established precedent. The Court also noted that the Defendant abandoned his fair trial argument on appeal.