JAMES J. WECHSLER
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Samuel L. Winder, District Judge
Gary K. King, Attorney General
Santa Fe, NM
for Appellee Bennett J. Baur, Acting Chief Public Defender
Vicki W. Zelle, Assistant Appellate Defender, Metro Appeals Division
Albuquerque, NM
for Appellant
MEMORANDUM OPINION
WECHSLER, Judge.
{1} Defendant appeals from the district court's affirmance of her metropolitan court bench trial DWI conviction. [RP 85] Our notice proposed to affirm and Defendant filed a memorandum in opposition. We remain unpersuaded by Defendant's arguments and therefore affirm. {2} Defendant continues to argue that the DWI checkpoint was unconstitutional. As fully detailed in our notice, City of Las Cruces v. Betancourt, 1987-NMCA-039, 105 N.M. 655, 735 P.2d 1161, ¶ 6, lists eight factors for determining the reasonableness of a roadblock, and in this case Defendant's challenge to the constitutionality of the checkpoint is premised on her continued assertion that it failed to satisfy the Betancourt factors for location and safety. [DS 7; MIO 2] {3} We address first Defendant's continued challenge to the checkpoint's location. [DS 7] In choosing the checkpoint's location, Sergeant McDonald relied on his own experience with the location, as well as on traffic-related statistics gathered by the New Mexico DWI Resource Center (Resource Center) [DS 7], a nonprofit organization with the mission of reducing the incidence of DWI. [RP 80] The statistical information provided by the Resource Center indicated that the selected location had a higher concentration of alcohol-related accidents than other locations in the city. [RP 75] For the reasons articulated in our notice, we conclude that the 83] The shoulder of the road, which eventually became a right turn lane, was blocked with orange barrels and marked police department vehicles. [RP 83] We agree with the district court that these measures permitted drivers to anticipate the checkpoint, slow down, and move safely through the checkpoint. While Defendant questions the efficacy of the reduced speed signs [MIO 10] and the placement of the cones [MIO 11], we are satisfied that the roadblock was safely implemented. {7} Based on our notice and the foregoing discussion, we conclude that the checkpoint satisfied the Betancourt factors for location and safety. And in so concluding, we are satisfied that the roadblock was set up so as "to ensure that an individual's reasonable expectation of privacy is not subject to arbitrary invasions solely at the unfettered discretion of officers in the field." Betancourt , 1987-NMCA-039, ¶ 6. We accordingly affirm.
{8} IT IS SO ORDERED.
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JAMES J. WECHSLER, Judge
WE CONCUR:
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JONATHAN B. SUTIN, Judge ___________________
CYNTHIA A. FRY, Judge