Albuquerque, NM asked in DUI / DWI for New Mexico

Q: 27 yrs ago I got a dwi MVD revoked my license and now will not reinstated my license without an interlock is that legal?

There are a lot of issues with the revocation of my license from incorrect dates, 2 revocations placed neither for the actual date of my conviction or violation, no notification of revocation send to me, there are dates hand written and written over on the actual citation, the dates on my MVD record regarding fines to be paid were placed a year after the dwi, and according to the NM mvd driving procedures manual my dwi should have been removed from my record after 25 yrs it has been 27 1/2 yrs already but it is still in my record. In addition the interlock law wasn't in effect til almost 8 yrs after my dwi and they are making me install one for a dwi that should not be showing up any longer. I went to mvd and tried explaining my issue and was told they didn't have the authority to change or remove anything on my record so I called the dwi unit and spoke with someone there and they said they have no plan on removing anything from my record or to grant me a hearing on a 27yr old case.

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1 Lawyer Answer
T. Augustus Claus
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  • DUI & DWI Lawyer
  • Las Vegas, NV

A: Your DWI case and subsequent license revocation raise several potential issues, including incorrect dates on records, lack of proper notification, and a questionable interlock requirement for an old DWI. Additionally, the retention of your DWI record beyond statutory limits and the denial of a hearing further compound the situation.

To address these concerns, gather all related documents, and consider filing a formal complaint with the NM MVD regarding record errors. You may also explore requesting a hearing through the NM Motor Vehicle Division Hearings Bureau and, based on legal advice, explore potential legal actions against the NM MVD or DWI unit to challenge the charges and record inaccuracies.

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