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New Mexico Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for New Mexico on
Q: Careless driving, failure to maintain lane, & Failure to exercise due care when fell asleep causing single car accident.

Do I need a lawyer? I am a nurse and fell asleep after night shift

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2023

If you want to mitigate the impact of the charges (whch you should) then you should hire a lawyer to represent you on this. Also, in many jurisdictions, one of the reasons you hire a lawyer is for the lawyer to appear in court on your behalf so that you do not have to take off from work to appear... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for New Mexico on
Q: If the vehicle description is wrong or incorrect on a citation(s) should they automatically be dismissed?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Mistakes or errors on a citation, including inaccuracies in the vehicle description, do not necessarily result in automatic dismissal of the citation(s). While such errors may be relevant, they are not always determinative in court proceedings. The outcome of a citation case typically depends on... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for New Mexico on
Q: Can a different officer take over the stop of another officer,tell him to leave then arrest the person.

Shouldn't it be the initial officer that stops the individual who tickets and arrest that person. The initial officer pulled Person over for a head light being out. Other officer shows up and tells the initial officer to leave that he gots this.

D'nae L. Robinett Mills
D'nae L. Robinett Mills
answered on Apr 6, 2023

Typically, the stopping officer is the officer that issues a citation. However, there are circumstances where an officer can take over an investigation for reasons unrelated to the incident i.e. going off of shift or needed on another call. You should contact a lawyer to review your citation and... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: If I was sentenced to five days and went to turn myself in and the clerk said that there was no paperwork and couldn't a

Accept me and turned me away what should I do

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

Call the clerk of the Court which convicted you. You may need to go to the Court in person, ready to be incarcerated.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Mexico on
Q: My fiance is being charged for Aggravated fleeing from a peace officer with no great bodily harm.

The officer failed to hit his lights and sirens for the whole chase up until the last 5 -10 seconds. Can my fiance fight this, how were we to know it was a police officer if he didn't follow protocol

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This sounds like excellent evidence to present at your trial after a not guilty plea. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: I got a street racing ticket and so did the guy I was racing, everyone else was racing around us too. Can I fight it?

He was pulled over first but I pulled over on the other side of the parking lot to wait because I was following him to go somewhere. Our other friends were with us doing burnouts and racing at stoplights but the cop cut them all off to get to us. I want to know if I can fight it somehow?

Glenn Smith Valdez
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Glenn Smith Valdez
answered on Sep 17, 2018

Yes you can, and yes you should. A ticket like this has big consequences and keeping it off your driving record should be a priority. A Traffic Lawyer would be a big plus in dealing with this situation.

-Glenn Smith Valdez

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: i Got pulled over with my learners permit and I have to go to court by a certain date. What’s going to happen ?

I’m 17 and I have all my stuff to get my provisional it’s actually past the date I should have got it. I got a perfect score on my driving test and this is my first time getting pulled over I was going 44 in a 35 and I had 2 other people in the car with me there’s no amount for me to pay it... View More

Glenn Smith Valdez
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Glenn Smith Valdez
answered on Jul 16, 2018

Get your provisional and go to court. Negotiate with the officer and ask him or her tax agree to a deferred sentence. You will pay court costs but if you get the deferred sentence And don’t get any tickets for 90 days your record will remain clean.

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: I'm a cdl driver and had a different do to wind and getting charged with careless driving what should I do
Glenn Smith Valdez
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Glenn Smith Valdez
answered on Jun 4, 2018

When a careless driving charge involves a crash, the cases are more complicated and difficult to deal with. Sometimes that complication can be used by a good attorney to help win the case. A great attorney will request all of the discovery, witness statements, video, crash reports. They will review... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: If an officer didn't give me a paper ticket when stopped, should I be expecting one in the mail?
Glenn Smith Valdez
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Glenn Smith Valdez
answered on May 14, 2018

It depends. In very rare cases, an officer will have a Summons issued to have you appear in court for a traffic violation. However, that typically is in situations where ther is a crash. You said you were pulled over. What did the officer tell you? Perhaps he or she just gave you a warning? Think... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: I got a speeding ticket for going 72 In a 45, the officer said if I take a driving saftey course, nothing will show up..

.. on my record. It also has a $365 fine.. is there any way I can not pay that much?

Glenn Smith Valdez
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Glenn Smith Valdez
answered on May 10, 2018

Without looking at your citation it is a difficult question to answer. You should contact the court and see what they can tell you about the situation. You are on the right track wanting to keep it off your driving record. The fine is very high as well and you should try to avoid paying that if... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for New Mexico on
Q: Can you be charged with careless driving in a private parking lot?

I accidentally hit a pedestrian in a parking lot while driving approximately 13 mph. I was simply not paying attention to the road because of fatigue. The pedestrian suffered a fractured ankle. I was charged with reckless driving under the New Mexico Statute, however I do not think that reckless... View More

Glenn Smith Valdez
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Glenn Smith Valdez
answered on Apr 25, 2018

Careless driving does not apply in a parking lot. Reckless, however, can be committed in a parking lot. Reckless has a higher “mens rea” or intent element, meaning simply being negligent will not suffice. It also carries mandatory jail. This is a serious offense. You should consult with an... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: How long can your license be suspended for not paying a ticket
Glenn Smith Valdez
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Glenn Smith Valdez
answered on Apr 24, 2018

You license will be suspended until you meet conditions for reinstatement: until you pay the ticket. If you are caught driving while your license is suspended, you are facing mandatory jail time and an additional one year suspension of your license. You should pay your ticket promptly, before the... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: Careless driving, doing 106 on a 55 zone what could happen?

Officer stated that i also had my 2 year old daughter in the rear seat

Glenn Smith Valdez
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Glenn Smith Valdez
answered on Apr 12, 2018

While jail is a possibility with a careless driving charge in New Mexico - (up to 9 days and up to a $300 fine) it is very very unlikely. Quite simply, the jails in our state are overcrowded and expensive to run, the last thing most judges want to do is put the mother of a two-year old in jail. You... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for New Mexico on
Q: I got a ticket for speeding in New Mexico but the information of the car is all wrong what can I do can I fight it?

I was just visiting in New Mexico I live in Dallas what can I do

Grant St Julian III
Grant St Julian III
answered on Feb 4, 2018

You will have to contact an attorney in New Mexico, but the make, mode and year of the car are not elements of a speeding offense. Therefore, any mistakes about such information will generally not cause dismissal of the citation.

1 Answer | Asked in Car Accidents and Traffic Tickets for New Mexico on
Q: My car was parked in front of my house along the road. Is that illegal?
Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2017

Depends on the roadway, if you were off the berm, etc.

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for New Mexico on
Q: How long after an accident can cops issue a ticket in Albuquerque
Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

No set time in most jurisdictions. If you have an issue like no insurance you'd want to get that squared away without waiting for any fallout.

1 Answer | Asked in Car Accidents and Traffic Tickets for New Mexico on
Q: is driving with cruise control on during snowy weather. considered careless driving in NM?
Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2017

Could be depending on conditions, drifting snow etc.

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: Is it illegal to paint your car chrome
Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

Unaware of any limitations. Silver is allowed, so why not? Check with DMV if any limits on color (you may not paint your vehicle to look like a police or emergency vehicle in many jurisdictions but that's about ti).

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