AI Generated Opinion Summaries

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 operating a moped while under the influence of intoxicating liquor. The Defendant argued that a moped, as defined under New Mexico law, is not a "vehicle" for the purposes of the Motor Vehicle Code's prohibition against driving while intoxicated (paras 1, 6).

Procedural History

• District Court of Bernalillo County: The Defendant was convicted of aggravated DWI (third offense). The district court affirmed the judgment and sentence (para 1).

Parties' Submissions

• Defendant-Appellant: Argued that a moped, as defined in NMSA 1978, § 66-1-4.11(F), is not a "vehicle" under the Motor Vehicle Code's DWI prohibition in NMSA 1978, § 66-8-102(A). The Defendant also contended that NMSA 1978, § 66-3-1101 exempts mopeds from the DWI statute (paras 1, 6, 8).
• Plaintiff-Appellee: Asserted that a moped qualifies as a "vehicle" under the Motor Vehicle Code and that the DWI statute applies to all vehicles, including mopeds (paras 1, 4, 7).

Legal Issues

• Whether a moped is considered a "vehicle" under the Motor Vehicle Code for the purposes of the DWI prohibition in NMSA 1978, § 66-8-102(A).
• Whether NMSA 1978, § 66-3-1101 exempts mopeds from the DWI statute.

Disposition

• The Court of Appeals affirmed the district court's judgment and sentence, holding that the DWI statute applies to mopeds (para 9).

Reasons

Per Wechsler J. (Armijo and Castillo JJ. concurring):

• The Court conducted a de novo review of the statutory construction issue, emphasizing the need to determine legislative intent by examining the plain language of the statutes (para 2).
• The Court found that a moped is defined as a "vehicle" under NMSA 1978, § 66-1-4.19(B) and as a "motor vehicle" under NMSA 1978, § 66-1-4.11(I). The DWI statute, NMSA 1978, § 66-8-102(A), applies to all vehicles, including mopeds (paras 3-4).
• The Court rejected the Defendant's argument that NMSA 1978, § 66-3-1101 exempts mopeds from the DWI statute. It held that § 66-3-1101 only exempts mopeds from provisions specifically related to motor vehicles or motorcycles, not from provisions applicable to all vehicles, such as the DWI statute (paras 7-8).
• The Court reasoned that the purpose of the DWI statute is to prevent individuals from operating vehicles in a manner that endangers public safety, and this purpose applies equally to mopeds (para 5).