DWI/DUI

Proof of Driving Somewhat Slippery in New Mexico DWI Cases

The New Mexico Court of Appeals again addressed the issue of evidence of driving in a DWI case. The recent case of State v. Cotton is a bit hard to reconcile with the Court‘s other recent opinion in State v. Owelicio. The Cotton case, like Owelicio, involved an immobile vehicle. Like Owelicio, the investigating officer…

Warrantless DWI Arrests in New Mexico Homes

In the case of State v. Nance, the New Mexico Court of Appeals considered whether a warrantless home arrest in a DWI case was unconstitutional and found that under the circumstances of this case, it was not. Steve Chavez was leaving a business when he saw Koulungjim Nance‘s vehicle collide with his own in a…

DWI Roadblocks Growing in Frequency in New Mexico and are Difficult to Challenge

DWI roadblocks or sobriety checkpoints have become commonplace in New Mexico, particularly in Albuquerque. Those caught in the roadblock often have questions regarding the legality of the roadblock. The 4th Amendment protects citizens from unlawful searches and seizures without probable cause of a crime. Clearly, everybody traveling through a roadblock is not under suspicion of…

Factors Leading to a Charge of Aggravated DWI in New Mexico

An aggravated DWI carries very serious consequences in New Mexico including mandatory jail time. Aggravated DWI carries all the same elements as a simple DWI along with a number of possible additional elements. A simple DWI involves driving under the influence of alcohol, driving under the influence of drugs, and/or driving with a breath or…

Divided Attention Testing in a New Mexico DWI Investigation

When you are pulled over on suspicion of DWI in New Mexico, the police will not launch straight into performing a field sobriety test; they will question you first. What you may not realize is that this is not mere chit chat. These questions are a test in themselves, Though not as formal as the…

Driving Behavior and Alcohol Impairment ( or “Officer Why was I Stopped?”)

There have been many studies that attempt to correlate traffic accidents with alcohol use. For example, a 1978 study by the Department of Transportation found that five percent of drivers in accidents resulting in property damage were intoxicated. The same study found that 9-13 percent of drivers in injury accidents were intoxicated. According to National…

While Crime is Down, Jails and Prisons are Overflowing

The U.S. Supreme Court just ordered the State of California to reduce crowding in prisons. Interestingly, on heals of this opinion, the New York Times reported that violent crime rates are at the lowest levels in 40 years. California is not alone in prison overcrowding. Many states have similar problems. This is not surprising in…

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