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New Mexico DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for New Mexico on
Q: If a speedy trial takes to long to go to trial. Does the courts violate your rights to a speedy trial?
Brandon Alexander Thomas
Brandon Alexander Thomas 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... Read more »

1 Answer | Asked in Car Accidents and DUI / DWI for New Mexico on
Q: If I was in a car accident (dui) and dealt damage to a building can I still he charged although it was unintentional

Charged for criminal damage to property

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in DUI / DWI, Personal Injury, Real Estate Law and Car Accidents for New Mexico on
Q: I was riding a friends ATV on their property and they hit me on their ATV. they are trying to sue me now. Can they do it

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... Read more »

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in DUI / DWI for New Mexico on
Q: Can an anklet be ordered on someone that is awaiting trial for a 2nd DWI charge that has not yet been convicted?
Stephen Aarons
Stephen Aarons 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.

1 Answer | Asked in DUI / DWI for New Mexico on
Q: Can someone else blowing over the legal limit in your interlock without your knowledge send you to jail

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..

Stephen Aarons
Stephen Aarons 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... Read more »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: The arresting officer did not read me my rights when I was arrested for DUI. Can I get my case dismissed?
Stephen Aarons
Stephen Aarons 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... Read more »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: If the statute of limitations for misdemeanors in NM is 2 yrs and my DUI was in 2008 in Texas, would interlock apply?

Im already clear and eligible in TX. My case was resolved. No loose ends

Stephen Aarons
Stephen Aarons 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... Read more »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: If the driver takes a plea bargain in court to DWI 1st offense but has two prior DWI convictions

Will the driver have to keep the Interlock for 1 or 3 years?

Stephen Aarons
Stephen Aarons 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,... Read more »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: What if i have/had a VA drivers license, recieved a DUI in Alabama and now live in NM. Completed all AL requirements but

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... Read more »

Paul Stanko
Paul Stanko 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.

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Civil Rights for New Mexico on
Q: How do I find the notes of decision annotation section for each New Mexico statute and Rule annotations online

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... Read more »

Paul Stanko
Paul Stanko 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... Read more »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: Do i have a valid license after the officer serves the notice of revocation and before the hearing officer rules
Salim A. Khayoumi Esq.
Salim A. Khayoumi Esq. 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 NM...
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1 Answer | Asked in DUI / DWI for New Mexico on
Q: My daughter got a dui in my husbands car, she was ordered to get an interlock, my hubby is not giving her the car back

Can they make us get an interlock on it? She owns no other car, she was using ours

Salim A. Khayoumi Esq.
Salim A. Khayoumi Esq. 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...
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