Posted on 06/27/2013 1:00:58 PM PDT by CedarDave
He filed an appeal based on something that did not exist in NM law. It has nothing to do with the merits of his claim. if he had paid a lawyer for a half hour of time, he’d have known this. If he had fully researched the process, he would have known this.
The judge seems to have been nice enough to tell him what writ he is SUPPOSED to use.
“The fact that a man cannot represent himself in a non-alcohol beer as an open container in a car is a perfect example of the Mockery of Justice our Justice system has become.”
Well stated.I agree completely
Then that would make it not apply. Really it’s a solid basis for his case if he was smart enough to take it. If it’s not alcohol in the grocery store it’s not in his car. Of course if it is alcohol in the grocery store he’s SOL.
One has to wonder why he lost the original court case. My guess is he didn’t even contest it, and only learned later that the definition of “alcoholic beverage” in New Mexico is a drink with more than 1/2% alcohol.
So instead of a simple court case, he needs to get a conviction overturned on appeal. That requires more than just “hey I screwed up and missed something in my case”. He tried a writ of fact, but NM doesn’t allow such writs for appeals, if I had to guess because facts are brought up in the trial. Maybe he could appeal based on bad representation, but if he represented himself he was probably warned about that, and the law doesn’t like to give people do-overs just because they were incompetent.
This is speculation on my part because I can’t find details about the original case.
Does NM charge you for open containers of root beer too?
i drink it when i go out if i’m driving. people call it non-alcoholic BEER but technically, and i believe legally, it cannot be called BEER so the label says BREW.
In states like WA and CA, it’s considered an alcoholic beverage in terms of sales (can’t go through self checkout at the supermarket without a store employee verifying that buyer is of legal age).
Bread probably has more alcohol in it.
Stupid dude, stupid Judge
TT
“One has to wonder why he lost the original court case”
One has to wonder why an effing cop made this a case in the first place.And to top it off, some prosecutor takes it to court. There is a lot wrong with this whole picture
5 Years? Get real. There is NO CASE.
By this arguement then kids can’t by listerine either...don’t think that’s the case.
Stupid post of the day.
Wrong. You’re applying it the wrong way.
It’s a simple question of does the local government consider something alcohol. If you’re carded to buy it they do, subsequently no open container; if they don’t then you’re clear. And again, if you’re chugging listerine while driving you’ve got much bigger issues than the law.
Oh you’re so cute when all you’ve got is insults.
Meanwhile out here in the land of people that bother to think we’ve already established that in some states Odouls is carded and in some states it isn’t. Thus showing that my post is right on the money. But I know you won’t reply to that with anything but more insults.
NM is a training ground for LEO's to "f" with you.
I haven't been called "cute" since 1959.
What is your sexual preference?
Oh look, just what I predicted. More insults. Yup, no logic or thought from you, thanks for playing, further replies will be completely ignored.
You can buy it on Sunday before 12:00, too.
Sorry, you’re just wrong all over. It’s not even “beer.”
It’s a “non-alcoholic malt beverage.”
Neither is Budweiser.
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