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INC. COUNTY OF LOS ALAMOS v. MONTOYA

No. 10556.

772 P.2d 891 (1989)

108 N.M. 361

The INCORPORATED COUNTY OF LOS ALAMOS, New Mexico, Plaintiff-Appellant, v. Albert B. MONTOYA, Elizabeth Bishop, Antonio Molina, and Elizabeth Bridgman, Defendants-Appellees. Elizabeth BISHOP, Plaintiff-Appellee, v. The INCORPORATED COUNTY OF LOS ALAMOS, New Mexico, and the Honorable L.M. Holland, Municipal Judge, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 21, 1989.

Attorney(s) appearing for the Case

Oliver H. Miles, County Atty., Phyllis I. Hedges, Asst. County Atty., Byron Treaster, Associate County Atty., Los Alamos, for plaintiff-appellant.

Thomas J. Cruse, Griffith, Boone and Cruse, Los Alamos, for defendants-appellees.

Steven Barshov, Santa Fe, for amicus curiae New Mexico Municipal League, Inc.

OPINION

MINZNER, Judge.

Appellant, County of Los Alamos, appeals from a district court decision declaring: (1) that Los Alamos County Municipal Court lacks subject matter jurisdiction to try first offenders for driving while intoxicated (DWI), contrary to local ordinance; and (2) that the local ordinance under which defendant appellees were charged is unconstitutional. We reverse and remand.

BACKGROUND.

In 1986, the Los Alamos County Council...

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