State v. Joe

2003 NMCA 071, 69 P.3d 251, 133 N.M. 741
CourtNew Mexico Court of Appeals
DecidedMarch 19, 2003
Docket22,993
StatusPublished
Cited by14 cases

This text of 2003 NMCA 071 (State v. Joe) 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 v. Joe, 2003 NMCA 071, 69 P.3d 251, 133 N.M. 741 (N.M. Ct. App. 2003).

Opinions

OPINION

PICKARD, Judge.

{1} The State appeals the trial court’s suppression of evidence, which suppression underlay a directed verdict on the count of failure to display headlamps, contrary to NMSA 1978, § 66-3-802 (1978), and which suppression precipitated a mistrial on the other counts of traffic-related offenses. We affirm.

FACTS AND PROCEDURAL HISTORY

{2} On the evening of July 12, 2001, Defendant was seen by San Juan County Sheriffs Deputy Eric Jiles driving at sunset in a car without its headlamps illuminated. Deputy Jiles testified that it was very dark, overcast, very cloudy, and black at 8:31 p.m., and that all the other cars on the road had their headlamps illuminated. Both parties stipulated that the sun set that night at 8:33 p.m. Deputy Jiles turned his car around, drove up behind Defendant, and pulled Defendant over to advise him to turn his lights on. As he approached the car, Deputy Jiles saw a 40-ounce can of beer on the rear floor, smelled a strong odor of alcohol on Defendant, and observed that Defendant had bloodshot and watery eyes. Deputy Jiles administered several field sobriety tests, which Defendant failed. A subsequent blood test revealed that Defendant’s blood alcohol content was .17. Defendant was charged with driving a vehicle under the influence of intoxicating liquors, driving a motor vehicle on the highway with an open container of alcohol, failure to carry evidence of financial responsibility, driving on the highway without headlamps at a time when there was not sufficient light to render clearly discernible persons and vehicles at a distance of 500 feet (the Section 66-3-802 offense), and driving a vehicle without a current registration.

{3} Defendant moved to suppress evidence obtained as a result of the stop, alleging that the stop itself was illegal. At the suppression hearing, Deputy Jiles testified that he would have been unable to see Defendant’s car at 500 feet away without his headlights. See § 66-3-802 (requiring headlamps on vehicles when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet). He also testified that he stopped Defendant for safety reasons and only stopped him to advise him to turn on his headlamps. The trial court denied the motion to suppress.

{4} At trial, Deputy Jiles testified three different times that he could see Defendant’s car at approximately 500 yards away. He testified that he could clearly discern the vehicle at 500 yards away, and that he never lost sight of Defendant’s ear.

{5} After the State presented its case, Defendant renewed his motion to suppress based on Deputy Jiles’ testimony at trial. The trial court granted the motion based on the new evidence of 500 yards of visibility, and issued a directed verdict on the Section 66-3-802 count. The trial court then directed a mistrial on the other counts because the jury had heard evidence that should have been suppressed. The State now appeals the granting of the motion to suppress.

MOTION TO SUPPRESS

Standard of Review

{6} When reviewing the trial court’s ruling on a motion to suppress, we determine whether the law was correctly applied to the facts, viewing the facts in the light most favorable to the prevailing party. State v. Cline, 1998-NMCA-154, ¶ 6, 126 N.M. 77, 966 P.2d 785. “As a general rule, we will indulge in all reasonable presumptions in support of the [trial] court’s ruling.” State v. Gonzales, 1999-NMCA-027, ¶ 15, 126 N.M. 742, 975 P.2d 355. We review evidence in the light most favorable to the trial court’s decision, and we indulge the inferences drawn by the trial court even though, with similar facts, another trial court may have drawn different inferences. See State v. Anderson, 107 N.M. 165, 168, 754 P.2d 542, 545 (Ct.App.1988).

Discussion

{7} The State argues that Deputy Jiles’ uncontradicted testimony supports the stop as a community caretaking encounter and supports that he had a reasonable suspicion of a traffic violation, and therefore the trial court erred in its application of the law to the facts in granting the motion to suppress.

{8} A police officer may lawfully stop a vehicle for a specific, articulable safety concern. Apodaca v. State ex rel. Tax & Revenue Dep’t, 118 N.M. 624, 626, 884 P.2d 515, 517 (Ct.App.1994). A police officer may also stop a vehicle if the officer has a reasonable suspicion, based on articulable facts, that the law has been or is being violated. State v. Munoz, 1998-NMCA-140, ¶ 8, 125 N.M. 765, 965 P.2d 349. A stop may be valid if the officer’s observations provide reasonable grounds to believe a statute is being violated or that the vehicle constitutes a safety hazard, even if the officer has an incorrect understanding of the law. Id. ¶ 9. The statute at issue states:

Every vehicle upon a highway within this state at any time from a half-hour after sunset to a half-hour before sunrise and at any time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.

Section 66-3-802.

{9} The State also relies on Gonzales, 1999-NMCA-027, ¶ 16, 126 N.M. 742, 975 P.2d 355, which states that this Court will not presume that the trial court has rejected uncontradicted testimony. If uncontradicted testimony is rejected based on a determination of credibility, the trial judge must expressly so indicate. Id. The State asserts that because the trial court heard only the uncontradicted testimony of Deputy Jiles and did not enter a finding that he was not credible, this Court must accept as true the evidence from the suppression hearing and the trial. The State further asserts that the trial court mistakenly believed there was confusion over the distance at which Defendant’s vehicle was visible and that Deputy Jiles consistently maintained that he believed conditions made it unsafe to drive without headlamps.

{10} After the suppression hearing at which Deputy Jiles testified that he would not have been able to clearly see Defendant’s vehicle at 500 feet without his headlights, the trial court found that Deputy Jiles had reasonable suspicion to make the stop. At that hearing, the State argued, and the trial court considered, articulable facts regarding both the statute at issue and that Deputy Jiles regarded this stop as necessary for public safety/community caretaking. However, Deputy Jiles then contradicted his earlier testimony and at trial testified on direct examination and on cross-examination that he could see Defendant’s vehicle clearly at 500 yards. There was no testimony at either the suppression hearing or the trial about whether Deputy Jiles’ headlights actually illuminated Defendant’s vehicle.

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State v. Joe
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Bluebook (online)
2003 NMCA 071, 69 P.3d 251, 133 N.M. 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-joe-nmctapp-2003.