You can, and occasionally it is a good idea to do it, but that is by far the exception rather than the rule.
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 […]
Admission of guilt at the scene
My hope is that would not happen, but if a person were to say, flat-out, “I am guilty,” at the scene, I would probably first see if there were any oppression issues: If the person had been illegally stopped by officers. If there was any kind of Miranda violation, and then I would carefully see […]
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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