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Current State of Marijuana Laws in New Mexico: Many Paths to Jail Remain!

March 20, 2014, by Collins & Collins, P.C.

To begin, it is important to know that marijuana is still considered a Schedule I Controlled Substance under both Federal and New Mexico statutes.  Although the penalties for minor marijuana possession have been reduced over the years in New Mexico, there are still pretty serious consequences. The many remaining and serious consequences for marijuana are […]

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Driving Under the Influence of Marijuana (or Other Drugs) in New Mexico

March 6, 2014, by Collins & Collins, P.C.

Driving under the influence of Marijuana is treated much the same way as driving under the influence of alcohol.  However, there are some important differences in the burdens of proof necessary for a conviction. Burdens of Proof under the New Mexico Jury Instructions The standard for conviction for alcohol related DWI is “impaired to the slightest […]

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Marijuana Legalization in New Mexico: One Step Forward, Two Steps Back!

February 21, 2014, by Collins & Collins, P.C.

Legalization of marijuana is a very hot topic right now. Two states have legalized recreational use while 20 others have legalized medical marijuana. The majority of Americans are in favor of legalization of recreational use, while an overwhelming majority is in favor of legalization for therapeutic uses. NORML (National Organization for the Reform of Marijuana […]

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Constitutional Amendment for Marijuana Legalization in New Mexico – Good News, Bad News?

January 8, 2014, by Collins & Collins, P.C.

The Albuquerque Journal recently reported that State Senator Gerald Ortiz y Pino plans to introduce a constitutional amendment to legalize recreational marijuana in New Mexico. The Senator plans to model the amendment after the recently passed legislation in Colorado. Both the Albuquerque Journal and Albuquerque Business First point out that the amendment will face some […]

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New Lower DWI Standards Proposed Better Than No Standards at All

September 12, 2013, by Collins & Collins, P.C.

The National Transportation Safety Board (NTSB) has recently recommended, among their additional recommendations to curb impaired driving, that the legal limits for DWI be lowered from .08 to .05. There is very good recent article on the pros and cons of such a move in the Chicago Tribune. The article cites a number of studies […]

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Revoked License Provides Reasonable Suspicion for Traffic Stop in New Mexico

August 13, 2013, by Collins & Collins, P.C.

The New Mexico Court of Appeals case of State v. Hicks deals with a significant criminal law issue of when a police officer has reasonable suspicion to stop a vehicle. Reasonable suspicion in a traffic stop protects against illegal search and seizure most often associated with profiling. Likewise, it is important in the defense of […]

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Defense Expert Testimony on Reliability of Intoxilyzer Allowed in New Mexico

July 30, 2013, by Collins & Collins, P.C.

The New Mexico Court of Appeals case of State v. King concerns the use of expert testimony in New Mexico DWI cases. The Court had to determine whether a defendant should be permitted to present expert scientific testimony related to the general reliability and accuracy of the Intoxilyzer 8000 machine which is used to determine […]

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Video Testimony and Confrontation Rights in New Mexico

July 19, 2013, by Collins & Collins, P.C.

The 6th Amendment allows for confrontation of witnesses in criminal trial is extremely important to defendants in criminal cases. The rise of video technology has given rise to issues regarding confrontation rights and remote video testimony. The New Mexico Court of Appeals case State v. Smith addresses just that issue. Specifically, the Court of Appeals […]

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DWI Accidents and Child Abuse in New Mexico

July 17, 2013, by Collins & Collins, P.C.

The defendant was charged with multiple counts related to a DWI accident that resulted in the death of a child and serious injuries to another child who were passengers in a car that she struck from behind. The state charged the defendant with aggravated DWI and leaving the scene of the accident. She was also […]

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The Issue of Warrantless Non-Consensual Blood Draws in DWI Cases

April 25, 2013, by Collins & Collins, P.C.

In the case of Missouri v. McNeely , the United States Supreme Court recently addressed the legality of a warrantless, non-consensual blood draw in a DWI investigation. More specifically, the Court addressed whether there could be a per se blanket rule exception to the 4th Amendment under the exigent circumstances exception in DWI investigations. The […]

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