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8 N.M. Ct. App. 542

State v. Dopslaf

New Mexico Court of Appeals

Decided August 25, 2015

New Mexico Court of Appeals · decided 2015-08-25

Decided 2015-08-25

KENNEDY, Judge

¶1(dissenting)

¶2(20) I respectfully dissent. Albuquerque Municipal Code § 8-2-6-10 (1975) permits any U-turn that can “be made in safety and without interfering with any other traffic, and there is no sign prohibiting a U-turn”. I do not believe the officer’s mistake of law was objectively reasonable. The Metropolitan Court’s stretch of construction involving “clearly driving section so constructed as to impede vehicular travel” is unhelpful.

RODERICK T. KENNEDY, Judge
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