State Ex Rel. Taxation & Revenue Department Motor Vehicle Division v. Van Ruiten

760 P.2d 1302, 107 N.M. 536
CourtNew Mexico Court of Appeals
DecidedJune 28, 1988
Docket9796
StatusPublished
Cited by37 cases

This text of 760 P.2d 1302 (State Ex Rel. Taxation & Revenue Department Motor Vehicle Division v. Van Ruiten) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Taxation & Revenue Department Motor Vehicle Division v. Van Ruiten, 760 P.2d 1302, 107 N.M. 536 (N.M. Ct. App. 1988).

Opinion

OPINION

DONNELLY, Chief Judge.

Defendant Van Ruiten appeals from an order of the trial court revoking his driver’s license for failure to submit to a blood-alcohol test. On appeal defendant argues that: (1) the police officer did not have reasonable grounds to stop his vehicle; and (2) the trial court erred in denying his motion for recusal and his motion to strike plaintiffs requested findings of fact and conclusions of law. We affirm.

Shortly before noon on November 2, 1985, state police Officer Jerry Varnell was patrolling State Road 18 between Dora and Portales. Officer Varnell received a radio dispatch from the Portales Police Department informing him that an individual suspected to be a drunk driver was driving a blue and white Ford pickup truck bearing license number HK-3518. An unidentified person had phoned police and informed the dispatcher, Jeff Wilkerson, that he had observed a man in a 7-11 store in Portales who was very intoxicated. The citizen-informer told the dispatcher that the intoxicated man had left the store in the described vehicle and was observed to be heading south on State Road 18.

Approximately fifteen minutes later, Officer Varnell saw a vehicle matching the description going south on State Road 18. Officer Varnell checked the speed of the vehicle and found it to be within the permissible limit. He followed the vehicle for about one-half mile before stopping it. The officer administered several field sobriety tests and arrested defendant when he determined that defendant failed these tests. Defendant refused to take a blood-alcohol breath test.

I. BASIS FOR STOPPING THE VEHICLE

Under the Implied Consent Act, NMSA 1978, Sections 66-8-105 to -112 (Repl. Pamp.1987), the administrative hearing is limited to certain issues including:

(1) whether the law enforcement officer had reasonable grounds to believe that the person had been driving a motor vehicle within this state while under the influence of intoxicating liquor; (2) whether the person was arrested; * * * (4)(a) whether the person refused to submit to a test; and (b) whether the law enforcement officer advised [the person] that the failure to submit to a test could result in revocation of his privilege to drive[.]

§ 66-8-112(E). Defendant does not contest the determination of both the director and the trial court that reasonable grounds existed for the revocation of his driver’s license. Instead he argues that the police officer that stopped his vehicle did not have reasonable grounds to make an investigatory stop. Section 66-8-112(E) does not expressly mention “investigatory stops”; however, we assume, as do the parties, that such is implicit in the issues to be decided at the administrative hearing.

The parties argue the propriety of the stop as if this were a criminal case. This is an appeal from an administrative proceeding to revoke defendant’s driver’s license. We need not decide whether a lesser standard applies. We hold the stop legal under the standard for criminal cases.

A police officer may, in appropriate circumstances approach a person for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Galvan, 90 N.M. 129, 560 P.2d 550 (Ct.App.1977). The officer must have a reasonable suspicion that the law has been or is being violated. State v. Galvan. If a stop is made by a police officer, he must have specific, articulable facts which give rise to a reasonable suspicion that a law has been or is being violated. State v. Ray, 91 N.M. 67, 570 P.2d 605 (Ct.App.1977). The facts and inferences are to be judged by an objective standard. Id. In analyzing the sufficiency of the facts and inferences, the critical inquiry is: “Would the facts available to the officer warrant the officer, as a person of reasonable caution, to believe the action taken was appropriate?” State v. Cobbs, 103 N.M. 623, 626, 711 P.2d 900, 903 (Ct.App. 1985) (quoting State v. Galvan, 90 N.M. at 131, 560 P.2d at 552).

We first examine the facts available to Officer Varnell and determine what inferences logically flow from those facts. Officer Varnell had received a dispatch describing a vehicle traveling south on State Road 18, possibly driven by a person under the influence of intoxicating liquor. While traveling north on that road, Officer Varnell spotted the described vehicle traveling south. He turned around and followed the vehicle for approximately one-half mile before verifying that it was the vehicle described in the dispatch.

The next inquiry is whether the information relayed in the dispatch, coupled with tbe officer locating and identifying the vehicle would warrant a person of reasonable caution in believing that defendant was violating a law justifying an investigatory stop. State v. Ray. Defendant argues that if the police receive a tip, there must be corroborating evidence to establish the reliability of the information. See State v. Jones, 96 N.M. 14, 627 P.2d 409 (1981). This corroboration is only required to establish probable cause for arrest.

In a case similar to the one before us, the Supreme Court of Vermont upheld the grounds for stopping an intoxicated driver. In State v. Lambert, 146 Vt. 142, 499 A.2d 761 (1985), a police officer, although without personal knowledge and observing no erratic behavior before the stop, based the stop of defendant’s car on third-hand hearsay. A woman notified the police that her daughter called to say another daughter and two young grandchildren were riding with the woman’s husband, who was intoxicated. The woman gave the police a description of the car, the license plate number, the names of the occupants, and a general description where the car could be located. While the familial relationship of the .caller in Lambert no doubt lent credibility, absent an indication to the contrary, we believe the information given here from a citizen-informant could be relied on by the officer to raise a reasonable suspicion.

In State v. Michael G., 106 N.M. 644, 647, 748 P.2d 17, 20 (Ct.App.1987), this court held that:

[Cjitizen-informants are subject to much less stringent credibility verification requirements than ordinary police informants’ statements * * *. A person who purports to be a witness or a victim of a crime may be presumed reliable, although police and other government officials must remain alert to the existence of particular circumstances that would indicate unreliability. [Citations omitted.]

In this case, the officer had sufficient information to form a reasonable suspicion that defendant was driving while intoxicated.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Rosa
983 N.W.2d 562 (South Dakota Supreme Court, 2022)
State v. Rubio
New Mexico Court of Appeals, 2020
State v. Crosby
New Mexico Court of Appeals, 2019
State v. Curtis
New Mexico Court of Appeals, 2017
State v. Tahe
New Mexico Court of Appeals, 2017
State v. Lope
2015 NMCA 011 (New Mexico Court of Appeals, 2014)
Schuster v. New Mexico Dep't. of Taxation & Revenue
2012 NMSC 25 (New Mexico Supreme Court, 2012)
Glynn v. NM Taxation & Revenue Dept.
2011 NMCA 031 (New Mexico Court of Appeals, 2011)
State v. Lunderville
New Mexico Court of Appeals, 2010
State v. Roybal
2010 UT 34 (Utah Supreme Court, 2010)
State v. Tanner
New Mexico Court of Appeals, 2009
State v. Funderburg
2007 NMCA 021 (New Mexico Court of Appeals, 2006)
State v. Ochoa
144 P.3d 132 (New Mexico Court of Appeals, 2006)
State v. Contreras
2003 NMCA 129 (New Mexico Court of Appeals, 2003)
State v. JAVIER M.
2001 NMSC 030 (New Mexico Supreme Court, 2001)
State v. Boyea
765 A.2d 862 (Supreme Court of Vermont, 2000)
McChesney v. State
988 P.2d 1071 (Wyoming Supreme Court, 1999)
State v. Slater
986 P.2d 1038 (Supreme Court of Kansas, 1999)
State v. Gonzales
1999 NMCA 027 (New Mexico Court of Appeals, 1998)
State v. Taylor
1999 NMCA 022 (New Mexico Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
760 P.2d 1302, 107 N.M. 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-taxation-revenue-department-motor-vehicle-division-v-van-nmctapp-1988.