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    We have a reputation for success and an established history of advanced education and training.

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DWI: Driving...what exaclty is it?

I have posted on this issue before, and there is finally some clarity on the issue. The Supreme Court finally decided the Sims case. Now, driving while under the influence of alcohol has to involve driving, or something a lot like driving. See, Supreme Court Slip Opinion No. 30,827. In the Sims opinion, the Supreme Court makes it clear that driving can no longer mean anticipation of driving, that the Courts have misinterpreted previous jurisprudence, unlawfully over-expanding the definition of driving by attempting to discern legislative intent.

As I've mentioned before, in the past I have seen people convicted of driving while intoxicated while trying to sleep off a buzz in their car --using their car as a temporary shelter from the weather instead of driving. Thank all that is good for this much-needed fix in DWI jurisprudence!

  • We Prepare Every Case For Trial

    Regardless of whether we take it that far, learn how we are fully prepared to fight for you.

    Learn More
  • Experience Makes All The Difference

    We have a reputation for success and an established history of advanced education and training.

    Our Victories
  • Charged With Drunk Driving?

    Get aggressive DWI/DUI defense and fight to keep your license! We also handle vehicle seizures.

    How We Can Help
  • Have You
    Been Arrested?

    Fill out a free case evaluation form and learn how we can fight aggressively on your behalf.

    Get Started Now
The Romero Law Firm, P.A.
Albuquerque Criminal Defense Attorney
Located at 1001 5th St. NW
Albuquerque, NM 87102.
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