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STATE v. PICKETT

No. 27,938.

213 P.3d 805 (2009)

2009-NMCA-077

STATE of New Mexico, Plaintiff-Appellee, v. Lamont PICKETT, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,748, June 26, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, Josephine H. Ford, Assistant Appellate Defender, Albuquerque, NM, for Appellant.

OPINION

WECHSLER, Judge.

{1} NMSA 1978, Section 66-8-102(A) (2005) (amended 2008) provides that "[i]t is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state."

A person is under the influence of intoxicating liquor if "as a result of drinking liquor [the driver] was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady...

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