State v. Trevizo, 150 N.M. 158

Trevizo was arrested on October 13, 2005, and charged with DWI (first offense) and reckless driving among Vehicle Code offenses not all relevant here.
A criminal complaint was filed in metropolitan court on April 12, 2007, roughly 18 months after arrest.
Metropolitan court denied a dismissal motion, applying a two-year limitations period; Trevino was convicted of DWI (first offense) and reckless driving.
District court reversed, remanding for dismissal with prejudice, holding DWI first offense and reckless driving are petty misdemeanors with a one-year limit.
This Court must decide whether the applicable limitations are one, two, or three years; the outcome determines dismissal with prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
What statute of limitations applies to DWI (first offense) and reckless driving?	State argues two-year limit; alternatively three-year for non-Criminal Code crimes.	Treviso argues one-year limit as petty misdemeanors under 30-1-6(C) and 30-1-8(D).	One-year statute of limitations applies.
Are Motor Vehicle Code offenses treated as petty misdemeanors for purposes of limitations?	Motor Vehicle Code violations are misdemeanors unless designated felonies, implying two-year limit.	MV Code violations can be petty misdemeanors; one-year limit follows 30-1-8(D).	MV Code offenses can be petty misdemeanors; one-year limit applies.

Robinson v. Short, 93 N.M. 610 (1979) (three-year limit not applicable when offense is petty misdemeanor; uses 30-1-8(D))
State v. Kerby, 141 P.3d 704 (2007) (criminal statutes of limitations liberal in defendant's favor; interpret to fit intended limit)
City of Santa Fe v. Martinez, 242 P.3d 275 (2010) (public interest in eradicating DWI; misdemeanor arrest rule discussed)
State v. Duhon, 138 N.M. 466 (2005) (statutory interpretation of limitations de novo)
Jaramillo v. Gonzales, 50 P.3d 554 (2002) (de novo review of limitations applicability)