A judge should order that all of the documentations on that machine be turned over if you file all of the correct documentation. I have had several cases where the machine was not calibrated correctly, or something was not done with that machine that should have been, and the breath results turned out that way, […]
Archives for 2017
Can you give me an example of a DWI case that was difficult, but had a good outcome?
I had a DWI case one time where my client blew a 0.15, 0.16. In New Mexico they should always take two samples from the person. When the client comes to you like that, you tell them “This is going to be an uphill battle,” and my client said, “I just didn’t have that much […]
Is it important that I have a DWI lawyer if it’s evident that there is a strong case against me?
Yes. Many criminal cases are strong against the accused. Not only can a lawyer help with the cases: We help try the case to a successful verdict, help with oppression issues, but they can help negotiate a deal that mitigates the harm against you, even in a case that is pretty strong against the accused.
What if they see a beer can on the floor of my car? Does that give them the right to conduct a vehicle search?
Can the police search my car if there is an illegal item in plain sight?
As a general rule, police need a warrant to search your vehicle or home without your consent. “Plain sight” is an exception to the warrant requirement. If an illegal object is in plain sight of the police officer, under certain circumstances, they can search your car without a warrant. However, in New Mexico, even if […]
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