Officers receive training when they are in the academy about how to conduct DWI investigations, and they look for a many things. They are trained to look for: how the person is driving how the person stops how the person exits their car how the person interacts with the officer bloodshot, watery eyes slurred speech […]
Archives for 2016
How do police determine if a motorist has had too much to drink?
Police questioning during a DWI
New Mexico courts have found that questioning on a DWI case before the arrest happens is not subject to Miranda. In a normal DWI case, an officer might pull somebody over for weaving, and then they have a conversation with that person, and they suspect that person has been drinking, and they have that person […]
What if the police record me before they read me my rights?
If an officer asks you questions about your case before Mirandizing you, you can normally get those excluded. This does not apply to traffic citations or DWI’s in New Mexico, but for any other case an officer first has to read you Miranda rights before asking questions. If an officer is recording on their webcam […]
What about cameras that police officers wear? Is video recorded at the scene admissible as evidence?
Normally, yes. In New Mexico, officers are not required to turn their camera on, so an officer has to actually push a button to turn the camera on, and it is their discretion when to turn the camera on or not. You can’t rely on an officer turning their camera on when you want the […]