Pubdate: Wed, 22 Oct 2003
Source: Ft. Worth Star-Telegram (TX)
Copyright: 2003 Star-Telegram, Fort Worth, Texas
Contact:  http://www.star-telegram.com/
Details: http://www.mapinc.org/media/162
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

DA LOSES DWI APPEAL IN NEW MEXICO

LUBBOCK, Texas (AP) - A New Mexico court has denied the appeal of a West 
Texas prosecutor on a misdemeanor aggravated drinking while intoxicated 
conviction.

Terry McEachern, who prosecuted most of the cases in the now-discredited 
Tulia drug busts, was convicted in June. He did not immediately return a 
phone call seeking comment Wednesday.

McEachern failed field sobriety tests in November in Ruidoso, N.M., and 
refused to take a breath test, which broke New Mexico's implied consent law 
and made it an aggravated DWI charge.

McEachern, the district attorney in Swisher and Hale counties and portions 
of Castro County, was sentenced to two days in jail and fined $300.

His appeal was based on charges having initially been filed in magistrate 
court, which had six months to take up the case. Prosecutors had dismissed 
that case and filed the same charges in district court. The Court of 
Appeals of the State of New Mexico issued its opinion Monday.
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