In New Mexico, they have to prove that you were under the influence such that you were incapable of safely operating a motor vehicle. They can prove that through driving and also by performing the Standard Field Sobriety Test. On drug cases, they use another battery of tests that are run by a “Drug Recognition […]
If I refuse to do the breath test, does it become an aggravated DWI?
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 […]
Is it entirely up to the client and the defense attorney whether or not there would be a jury?
No. In New Mexico, the state would have to consent to your waiver of a jury trial. Sometimes they do, and sometimes they do not. Generally, bench trials are easier for them to win, so a lot of times they will agree to waive the jury trial, but I’ve had cases where they refuse and […]
Under what circumstances would you recommend to your client that you have a bench trial rather than a jury trial?
If you have a case that has a very technical legal defense, sometimes judges can be more favorable to you than a jury. Maybe it’s a case where what you did looks bad. A jury is not going to be happy about it, but you have a legal loophole or something like that; judges are […]
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