It does, but you’re still likely to get a more favorable plea deal because it makes the state’s case a lot harder to show. Earlier, we were talking about how if the state has a good case against you, you get a worse plea deal, and if they have a problem with your case, you’re […]
DWIs: Let’s say I drive a truck for a living? What if I have a DUI in another state, perhaps? What does that do for my case and how would you defend me?
In New Mexico, DUI’s in other states will count against you in New Mexico, and every DWI you get brings greater punishment. First simple DWI, there is no mandatory time limit, and the maximum is 90 days. Second, there is mandatory time. Third, there will be 30 days mandatory time. Fourth, becomes a felony and […]
DWI: Is there always a jury trial?
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 […]
If I refuse to take diagnostic alcohol or drug tests, how, after the fact, do they prove intoxication?
It makes it much more difficult, which is why you should decline to take those tests. If you’re driving was awful, if you were running into parked cars and you can’t stand upright, and then they find a whole bunch of some drug in your system, that’s going to be their argument. But, most cases […]
If I use marijuana, can I still be busted for a DWI?
Yes, you can. But, drugs are normally measured in nanograms per milliliter of blood, which nobody really understands, especially jurors. But say they find 5 nanograms per milliliters of blood – prosecutors can’t argue that amount means. Specialists who analyze that data will say, “those numbers don’t really have meaning because the drugs affect everybody […]
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