{
  "id": 1587681,
  "name": "CITY OF TUCUMCARI, New Mexico, Plaintiff-Appellee, v. Ira BRISCOE, Defendant-Appellant",
  "name_abbreviation": "City of Tucumcari v. Briscoe",
  "decision_date": "1954-11-03",
  "docket_number": "No. 5807",
  "first_page": "721",
  "last_page": "722",
  "citations": [
    {
      "type": "official",
      "cite": "58 N.M. 721"
    },
    {
      "type": "parallel",
      "cite": "275 P.2d 958"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "43 N.M. 146",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        1568259
      ],
      "weight": 3,
      "opinion_index": 0,
      "case_paths": [
        "/nm/43/0146-01"
      ]
    }
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  "last_updated": "2023-07-14T15:12:30.183990+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "McGHEE, C. J., and SADLER and LUJAN, JJ., concur.",
      "COMPTON, J., not participating."
    ],
    "parties": [
      "CITY OF TUCUMCARI, New Mexico, Plaintiff-Appellee, v. Ira BRISCOE, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "SEYMOUR, Justice.\nAppellant was convicted by the police judge of the City of Tucumcari on the charge of driving a motor vehicle on the streets of that city while under the influence of intoxicating liquor in violation of a city ordinance. The offense occurred June 16, 1953.\nAppellant has relied in this appeal on a single point, namely, that he was denied the right tO\u2018 trial by a jury in district court on appeal, in violation of \u00a7\u00a7 12 and 14, Art. 2, N.M.Const.\nThe questions raised have already been disposed of to our satisfaction in the case of Gutierrez v. Gober, 1939, 43 N.M. 146, 87 P.2d 437.\nCounsel for appellant admits that, absent a single factor, the above-cited case is controlling. That factor is the mandatory revocation by state authorities of the driving license of any person so convicted for a period of one year, as provided in \u00a7\u00a7 68-317, 68-320 and 68-902, N.M.S.A. 1941.\nAppellant has cited no authority to sustain his position and relies solely upon the fact that loss of a driving license may in some cases be a matter of great import to the person suffering the loss. We deem the efficient protection of the public against intoxicated drivers of far greater importance. The action by the state in the interest of public safety is clearly within the proper exercise of the police power belonging to the state. The fact that a conviction under a municipal ordinance for drunken driving automatically sets in motion a proper exercise of the state police power has no connection with or relevance to the appellant\u2019s right to a jury trial. This additional consequence flowing from a conviction for drunken driving does not remove this offense from the class of offenses covered by Gutierrez v. Gober, supra.\nJudgment is affirmed.\nIt is so ordered.\nMcGHEE, C. J., and SADLER and LUJAN, JJ., concur.\nCOMPTON, J., not participating.",
        "type": "majority",
        "author": "SEYMOUR, Justice."
      }
    ],
    "attorneys": [
      "James L. Briscoe, Tucumcari, for appellant.",
      "J. 'V. Gallegos, Tucumcari, for appellee."
    ],
    "corrections": "",
    "head_matter": "275 P.2d 958\nCITY OF TUCUMCARI, New Mexico, Plaintiff-Appellee, v. Ira BRISCOE, Defendant-Appellant.\nNo. 5807.\nSupreme Court of New Mexico.\nNov. 3, 1954.\nJames L. Briscoe, Tucumcari, for appellant.\nJ. 'V. Gallegos, Tucumcari, for appellee."
  },
  "file_name": "0721-01",
  "first_page_order": 753,
  "last_page_order": 754
}