DWI: IS THERE ALWAYS A JURY TRIAL?

by Margaret Strickland

Almost always. There are some rare exceptions in New Mexico where you would only be entitled to a bench trial, but that would be for crimes with a penalty of less than six months, which in Mexico is basically only DWI’s and possession of marijuana and the case is charged for some reason in District court, rather than magistrate court. Except for those 6 month exceptions, you always have a right to a jury trial.

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