(Download) "State V. Cavanaugh" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Cavanaugh
- Author : New Mexico Court of Appeals
- Release Date : January 06, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant was a passenger in a car owned and driven by Mr. Layne McGinty. McGinty's car was pulled over by Officer Terry Gallagher on suspicion of drunk driving. When McGinty failed a field sobriety test, Officer Gallagher asked Defendant and the other passengers in the car whether any of them had been drinking. Officer Gallagher testified that he did not ask this question for the purpose of issuing a citation, but rather to determine if anyone could drive the car home for McGinty. Defendant said that he had not been drinking. Upon smelling liquor on Defendant's breath, Officer Gallagher asked Defendant again if he had been drinking. Defendant then answered that he had had two beers that night. Officer Gallagher gave Defendant a field sobriety test, from which Officer Gallagher concluded that Defendant was not capable of driving. While Officer Gallagher radioed for backup, Defendant got behind the wheel of McGinty's car, sped off, and led Officer Gallagher and another officer, Officer Terry Colwell, on a high-speed chase. After his arrest, a blood alcohol content (BAC) test was given to Defendant, the results of which showed his BAC to be above the legal limit for driving.