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DWI/DUI

Early DWI Case Deadlines and Consequences for Missing Them

To get started, you should understand that there are many important deadlines that will come up during your DWI case. Many of these will come up during the DWI criminal process. Your attorney will handle these deadlines. The deadlines that you really need to be aware of are the deadlines that may come and go…

Breath Test Admissability Requirements in New Mexico

There are fairly basic requirements for admission of the breath alcohol score into evidence at trial.  However, these basic rules are on occasion violated by the officer. In case of violation of the rules, the breath test score will not be allowed in court.  This does not necessarily mean the case is dismissed which will…

DWI During the Holidays – It’s Not Worth It!

The holiday season comes with a lot of celebration.  Much of it includes alcohol. It also includes bouncing from one get together to the next, whether it be with friends, family, work or business associates. This means there are numerous temptations to drive after having consumed alcohol.   It goes without saying that this is bad…

Medical Marijuana Use Comes With Many Restrictions in New Mexico

Medical marijuana is getting a lot of attention both in New Mexico and nationally.  There are now 21 states with legalized medical marijuana and 6 more with pending medical marijuana legislation.  Washington and Colorado have legalized recreational marijuana. The trend toward legalized medical marijuana is clear.  However, it is important to understand that there remains…

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

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…

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

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…

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

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…

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

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…

New Lower DWI Standards Proposed Better Than No Standards at All

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…

Revoked License Provides Reasonable Suspicion for Traffic Stop in New Mexico

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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