Get free answers to your DUI / DWI legal questions from lawyers in your area.
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... View More 
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answered on Dec 12, 2023
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... View More
If so please offer me contact information in regards to offsetting the cost of a interlock in Santa fe NM.
answered on Oct 11, 2020
Yes, both the NM Motor Vehicle Division MVD and state statutes upon conviction in Metro, Muni or Magistrate Court, require a Breath Analysis Ignition Interlock Device BAIID or Interlock for one year for first offenders, two years for second offenders. I am not aware of any reduction in fees, around... View More
We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... View More
answered on Mar 29, 2020
I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual... View More
My court is coming up February 2020, if convicted and have 48 hours mandatory jail time do I get credit for time served, or is there a way to not get jail time just probation,I have no criminal record and have started alcohol counseling
answered on Jan 7, 2020
It will depend entirely on the nature of your detention and the facts of your case. Were the 24 hours that you "stayed" in jail in anticipation of your arraignment? In which court is your case set? (i.e. "Metro Court" in Albuquerque?). Have you contacted an attorney? These... View More
answered on Jun 28, 2019
Under the speedy trial statute, a case needs to be brought to trial within two terms of court. There are disadvantage to filing a motion for speedy trial. For example, most courts will not entertain a plea agreement once you have filed a motion for speedy trial, which means you must have a trial in... View More
Charged for criminal damage to property
answered on Oct 8, 2018
The DUI or the damage? Either way it's a yes, inasmuch as you knowingly consumed alcohol, and you thus carelessly did damage a structure.
We were at a friends house and I was riding his dads bike. They had been encouraging me to ride all day and i had been saying no i just finally gave in to them and got on. Our friend that hit me had been drinking. He was playing horse shoes with my husband and in the middle of the game he stopped... View More
answered on Oct 20, 2017
They can try but you can counterclaim if it gets to that.See if you are covered by your homeowners. You would have numerous defenses.
answered on Sep 27, 2017
No. Despite what you see on TV, the failure to read your Miranda rights at a DUI arrest will have no impact on your case. Routine questions during a traffic stop to establish identity such as name, address, and your drivers license, proof of insurance and registration will not require a Miranda... View More
Will the driver have to keep the Interlock for 1 or 3 years?
answered on Sep 27, 2017
A good question and one that reminds us that the driver arrested for DUI is facing a big and little shotgun barrel. The big barrel is the court system which could have subjected the driver to 364 days in jail for a DUI 3rd offense. Obviously taking a plea to DUI 1st offense is good for the driver,... View More
answered on Sep 27, 2017
Yes, as a condition of release, the judge can require a GPS monitor or a Sobrietor. Often after a month or two, the defense lawyer asks the judge to review the conditions and remove the anklet.
Im already clear and eligible in TX. My case was resolved. No loose ends
answered on Sep 27, 2017
If Texas does not require you to install an interlock, most likely New Mexico will not either when you apply for a license here. But do not confuse that with the statute of limitations. There was a loophole in the past where people did not get an interlock, drove illegally and sparingly for a few... View More
I am on probation and my boyfriend on 2 different occasions knowingly blew in my interlock after drinking.. Can I go to jail if he admits to do it and not myself in court..
answered on Sep 27, 2017
Yes you could go to jail if the judge does not believe your boyfriend's testimony. If the judge thinks you were the one drinking, and your boyfriend is trying to cover for you, the judge can find that you violated the terms of probation and sentence you to incarceration for the balance of your... View More
VA will not release the suspension even though i now live in NM without a payment and fulfillment of DUI requiremnts for VA. I do not want a VA license but do need a NM license. Do i still have to complete VA requirements even though i live in NM and have completed the AL DUI punishment... View More
answered on Oct 15, 2016
Yes, you do. Your problem is that you cannot get a license in one state without having any holds or suspensions released by your previous home state. Contact a VA lawyer if you are confused about the VA suspension.
I use the notes of decision and the committee commentaries for each New Mexico statute and rules annotated to compare case laws already decided by the New Mexico courts to formulate and support my arguments however I can't find them online with the case laws that I search for please give me... View More
answered on Sep 24, 2016
I am confused by your question. If you are a lawyer or paralegal, you would already know how to do legal research, and would not be asking the question. If you are a pro se litigant, you can find a great deal of information right here at Justia (and some other sites, as well). You mention... View More
Can they make us get an interlock on it? She owns no other car, she was using ours
answered on May 18, 2012
In order for her to drive, ANY vehicle she chooses to drive must be equipped with an ignition interlock device. In addition, she must register the device, the vehicle, obtain an ignition interlock drivers license; as well as, other very specific requirements before she can drive legally.
In... View More
answered on May 18, 2012
You have 10 days from the date the officer serves the notice of revocation to request a hearing. If you do not mail in the request to the NM Taxation & revenue dept along with a $25.00 check then your drivers license is revoked.
If you met the 10 day request for hearing deadline and the... View More
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