New Mexico Drunk Driving Defense Attorneys
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- Drew Neal: The New Mexico Implied Consent Act requires you to submit to a breath test, a blood test or both to determine the alcohol or drug content of your blood. After you take our tests, you have the right to choose an additional test.
- Albuquerque Albuquerque Albuquerque Albuquerque
- Limon, Thomas:
40% Domestic Violence
40% DUI / DWI
- Atkins, Bert: * DUI / DWI * Criminal Law * Felony * Misdemeanor * Juvenile Law
- David Rupp: YOU ARE INNOCENT UNTIL PROVEN GUILTY!! DON'T GIVE UP YOUR RIGHTS!!
- Sandoval Law:
- Burrill, Jennifer: The only statement you should make to a police officer prior to consulting with an attorney is as follows: I refuse to consent to any search whatsoever. I do not consent to a search of my residence, my person, my immediate location, my vehicle, or personal effects. I am exercising my constitutional rights as stated in the Fourth, Fifth, Sixth, Ninth, and Fourteenth Amendments to the United States Constitution. I do not wish to speak with you at this time and I want a lawyer. Criminal Services Your freedom is at stake when you are charged with a crime. Once a crime has been charged against you, you need to act quickly to ensure that your legal rights are protected. Even misdemeanor crimes in the State of New Mexico can leave you sitting in jail for 364 days, which can have devastating effects on your family, employment, and reputation. For individuals who are not citizens, criminal charges can even lead to deportation. When the police accuse you of a crime you need an aggressive criminal defense lawyer to advise you of your rights and to protect those rights every step of the way. Ms. Burrill is a former prosecutor who knows the system, and can help you navigate through all the intricacies of the criminal justice system. Whether it is an arraignment, motion to suppress evidence, or jury trial, she has the skills, knowledge, and experience necessary to defend your rights. Driving While Intoxicated (DWI) Being charged with DWI can be a stressful, horrifying, and often an embarrassing experience. It is not uncommon for police officers to make mistakes. Whether they get a faulty reading from a Breathalyzer test, your blood alcohol content appears elevated due to medication you take, or even if you are simply in the wrong place at the wrong time, Ms. Burrill will skillfully guide you in your pursuit of justice. She also understands that people sometimes make bad decisions, especially when they have been drinking. Ms. Burrill will carefully review all the details of your case, in order to get the best possible outcome. A DWI in New Mexico has significant consequences if you are convicted. Penalties range from probation to jail time and include, expensive fines, license suspension and even revocation. In New Mexico DWIs have both civil and criminal aspects to the crime. Conviction for DWI could cost you your personal freedom, interfere with your ability to get to and from work, and in many cases may cost you your job. Therefore it is important to have an experienced DWI attorney on your side. We take the time to educate our clients in the relevant areas of DWI law. It is our goal to make sure that you understand the charges against you, your rights, as well as the possible implications and penalties related to those charges. It is important to us that our clients play as active a role in their case, allowing us to provide the best representation possible.
- Orquiz, Noel:
- Tucker, Burns & Yoder:
White Collar Crimes
- Stoker, Arlon:
- Violent crimes
- Drug Offenses
- Computer crimes
- Domestic Violence - Forgery
- Sexual offenses
- Traffic Offenses
- Probation violations
- Federal criminal offenses
- Suspended/Revoked license
- Titus & Murphy:
Citations in Municipal Court
È Misdemeanor case filed in Magistrate Court
È Felony case filed in Magistrate Court
È Misdemeanor or felony (usually DUI) filed directly in District Court, or
È Grand Jury Indictment filed in District Court
- Nicholas Cullander: The Sixth Amendment provides, in part, that criminal defendants have a right to "be confronted with the witnesses against [them]." This provision is generally referred to as the "Confrontation Clause" and means that criminal defendants have the right to cross-examine their accusers or witnesses who are testifying against them. While this principle has generally maintained its strength in the criminal court system, the U.S. Supreme Court has occasionally modified certain aspects.
- Fredlund, Bryan and Castillo: Personal Injury, Criminal Defense, Divorce, Family Law and Business law
- Ching Law Firm: Criminal Law - Family Law - Business Law - Intellectual (Patent) Property Law
- Las Cruces
- Perales, J. Marcos:
DWI (Driving While Intoxicated)
Assault and aggravated assault
Violation of protective orders
State and Federal drug possession, conspiracy, and trafficking charge
Federal immigration violations
- Alamanza, Steven:
Driver's license suspension/revocation
Theft or Fraud
Burglary and Robbery
- Montrose, Gerry:
DRIVING WHILE INTOXICATED IN NEW MEXICO
In New Mexico, it is illegal to drive a vehicle if the consumption of alcohol or drugs prevents a person from safely operating that vehicle. Due to the danger a drunk driver poses to passengers in the vehicle, to pedestrians, and other drivers, New Mexico has imposed very strict laws with regarding to DWI. For instances, unlike many states a first time conviction for DUI regardless if deferred or not will result in a one year mandatory interlock being installed on any vehicle you drive, even a test drive at a car dealership. Because the rules and legal procedures related to DWI charge do not favor defendants, it is important to have an attorney asserting your rights and presenting your defense in court.
- Holt, Mynatt, & Martinez:
- Rascon, Antonio:
One of the emotional aspects of a criminal charge is the loss of control you may feel as your life and your future no longer seem to be in your hands. You may be scared. You may be angry that the Miranda rights were not read to you. You may be confused.
- Lahann, Jeff:
Potential consequences of a DWI conviction.
A conviction for DWI in New Mexico carries life-changing and expensive consequences. Even a first time offender is facing:
Mandatory jail time.
A huge fine.
Suspension or revocation of your driver's license.
Dramatic increase in your car insurance that will be in effect for several years.
A conviction on your record that you will have to report on job and loan applications for the rest of your life.
Possible child custody and visitation issues if you are divorced or in the process of getting a divorce.
Possible loss of your job. At a minimum, you will lose wages due to time off work to spend time in jail or appear in court.
An ignition interlock control device will be installed in your car requiring you to blow into it before your car will start.
You will also be required to pay court costs in addition to any costs associated with probation and the ignition control device. If you have a prior DWI conviction, the penalties are even greater.
- Johnson, Dania:
Ð PERSONAL INJURY Ð
Ð DIVORCE, CHILD CUSTODY AND FAMILY LAW Ð
Ð WILLS AND ESTATE PLANNING Ð
- CRIMINAL DEFENSE Ð
- McGraw & Strickland:
DUI/DWI Criminal Defense
Being charged with driving under the influence of alcohol or drugs is a serious matter. The penalties if convicted can include, fines, court ordered programs, probation, limitations on driving privileges, and even jail or prison time.
- Madrid, Matt:
Specializing in DUI and Criminal Defense
- Cain, Michael: DUI / DWI in New Mexico
DWI law is a very complicated and ever-changing area of the law. Due to increasing demands from the Federal government, groups like MADD (Mothers Against Drunk Drivers), and pressure from the public, the legislatures and the Courts have reacted by making the penalties for DWI ever harsher, and have continued to make defense of DWI/DUI cases more and more difficult.
- Mario Esparza: When you're facing a first time DUI, or other misdemeanor or felony criminal defense matter, your case is too important not to get the best, and most expert, legal assistance you can find.
- Nelson Cutter: Persons under influence of intoxicating liquor or drugs; aggravated driving while under the influence of intoxicating liquor or drugs; penalty.
- Los Lunas
- Chavez, David: Traffic Offenses & DWI
- Rio Rancho
- Fine Law Firm:
from petty offenses to the most serious charges, in state and federal court, appeals as well as trials
- AAA Law Center: DUI DRIVING WHILE INTOXICATED In the State of New Mexico, you can be arrested for DWI/DUI even if you are taking a medication prescribed by your Doctor. If the officer thinks that you are impaired to the slightest degree, by alcohol, prescription medication or even an over the counter medication, the officer will asked you to perform Field Sobriety Tests, take a Breath Test and even a Blood Test, any of which can lead to your arrest. If your are arrested for a DWI/DUI, you should immediately 1) hire an experienced attorney to defend you and 2) submit a written request to the Motor Vehicle Department, for an administrative hearing regarding the revocation of your Driver's License. This request must be mailed within 10 days of your arrest, along with a payment of $25.00, by check or Money Order. Failing to request the Hearing within 10 days of your arrest will result in your automatic loss of your Driver's License, even if you are not guilty of DWI. When you are arrested for DWI/DUI, you face both an administrative revocation of your driver's license through MVD and a criminal prosecution in the court. These are entirely separate cases, and either one can mean a revocation of your driver's license. The criminal case can also result in jail, fines, probation, mandatory Interlock device installed in your vehicle and community service, together with screening and alcohol counseling. A charge of Aggravated DWI can be added to your DWI/DUI charge if you refused to take the breath test and/ or a blood test requested by an officer, or, give an alcohol level of .16 or greater, or caused an accident with injuries. If you refused to take a breath test and/or a blood test, your driver's license may be revoked for 1 year, even if you were not intoxicated at the time of your arrest for DWI. DWI/DUI PENALITES DWI/DUI PENALTIES: FIRST OFFENSE: JAIL: Up to 90 days FINES: Up to $500 COURT COSTS: Approximately $200 Programs: DWI School Alcohol Screening Counseling Community Service Victim Impact Panel Probation with Fees ($150) Revocation: 1 year Aggravated Charge: Mandatory 48 hours Jail SECOND OFFENSE: JAIL: Up to 364 days FINES: $500 to $1000 Mandatory COURT COSTS: Approximately $250 Programs: DWI School; Alcohol Screening Counseling Community Service Victim Impact Panel Probation with Fees ($150) Revocation: 2 years Aggravated Charge: Mandatory 7 days Jail THIRD OFFENSE: JAIL: 30 days Mandatory FINES: $750 to $1000 COURT COSTS: Approximately $250 Programs: DWI School; Alcohol Screening Counseling Community Service Victim Impact Panel Probation with Fees ($150) Revocation: 3 years Aggravated Charge: Mandatory 90 days Jail FOURTH OFFENSE OR GREATER ARE FELONIES:
- Jones-Witt & Ragsdale: Criminal Law DWI's Felonies Misdemeanors District and Federal Courts
- Mitchell, Gary: Legal Rights Defendant's Rights The Bill of Rights provides amendments to the Constitution of the United States to provide rights to ensure fair treatment for criminal defendants. The two fundamental aspects of the U.S. criminal justice system is: The presumption that the defendant is innocent and The burden on the prosecution to prove guilt beyond a reasonable doubt. Criminal defendants have other rights also. These are mainly defined in the Fifth and Sixth Amendments. The Defendant's Right to Remain Silent The Fifth Amendment to the U.S. Constitution provides that a defendant cannot "be compelled in any criminal case to be a witness against himself." If the defendant chooses to remain silent, the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify. The Defendant's Right Not to Be Placed in Double Jeopardy. The Fifth Amendment contains this provision: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." This provision, known as the double jeopardy clause, protects defendants from harassment by preventing them from being put on trial more than once for the same offense. The Defendant's Right to Be Represented by an Attorney The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right ... to have the assistance of counsel for his defense." A judge must appoint an attorney for indigent defendants (defendants who cannot afford to hire attorneys) at government expense. A judge normally appoints the attorney for an indigent defendant at the defendant's first court appearance. For most defendants, the first court appearance is either an arraignment or a bail hearing. The Defendant's Right to Confront Witnesses The "confrontation clause" of the Sixth Amendment gives defendants the right to "be confronted by the witnesses against" them. This gives defendants the right to cross-examine witnesses. The Sixth Amendment prevents secret trials and, except for limited exceptions, forbids prosecutors from proving a defendant's guilt with written statements from absent witnesses. The Defendant's Right to a Public Trial The Sixth Amendment guarantees public trials in criminal cases. This is an important right, because the presence in courtrooms of a defendant's family and friends, ordinary citizens, and the press can help ensure that the government observes important rights associated with trials. The Defendant's Right to a Jury Trial The Sixth Amendment gives a person accused of a crime the right to be tried by a jury. This right has long been interpreted to mean a 12-person jury that must arrive at a unanimous decision to convict or acquit. Potential jurors must be selected randomly from the community, and the actual jury must be selected by a process that allows the judge and lawyers to screen out biased jurors. The Defendant's Right to a Speedy Trial The Sixth Amendment gives defendants a right to a "speedy trial." However, it does not specify exact time limits. Thus, judges often have to decide on a case-by-case basis whether a defendant's trial has been so delayed that the case should be thrown out. In making this decision, judges look at the length of the delay, the reason for the delay and whether the delay has prejudiced (harmed) the defendant's position.
- Adam Rafkin: If you have been charged with a crime, call us at (505) 257-0129 immediately. Time is of the essence in protecting your legal rights...
- Sante Fe
- Maestas, Alan:
All felony and misdemeanor crimes
All white collar crimes
Fraud claims: mail fraud, wire fraud, medicare/Medicaid fraud, bank and business fraud
Income tax evasion
Murder, manslaughter, assault, kidnapping, burglary, robbery, arson and other crimes of violence
Obstruction of commerce
International narcotics and smuggling
Interference with public officials
Rape and other sex crimes
All drug and narcotic crimes and conspiracies
Drunk driving involving manslaughter, negligent homicide crimes
Grand jury, federal and state agency investigations
State and federal criminal appeals
- Lea, Justin:
DWI and misdemeanor defense
Property law issues
Major felony defense
- Warren, Michelle:
If you have been charged with DWI, you must send in your request for a hearing with the MVD within ten days of your arrest, or your license to drive will be automatically revoked by the state.
- Truth or Consequences
- Rubin, Jaime: Commercial General Civil and Criminal Practice Trials Probate Municipal and Real Estate Law Personal Injury Social Security and Disability Workers Compensation
- Sanchez, Matthew: One aspect of life, love it or hate it, is the fact that there are few guarantees, other than death and taxes. Actually, there's another guarantee . . . everyone makes mistakes. No one is perfect.
- Jeff Lahann: It is very important for you to know that there are two separate processes involved after you have been arrested for DWI. First, there is the obvious criminal case against you, in which you face jail, fines and other penalties imposed by the court. The second, distinct, proceeding against you is an administrative action by the MVD to revoke your license to drive. You only have ten (10) days following your arrest to request a hearing to fight the revocation of your license to drive. Aggravated DWI New Mexico law provides for enhanced penalties for anyone convicted of DWI who: (1) has an alcohol concentration of sixteen one hundredths (.16) or more in his or her blood or breath while driving a vehicle within this state; or (2) has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or (3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs. The difference in penalties between "simple" and "aggravated" DWI can be substantial. For example, a person convicted of a third DWI "simple" will face a mandatory jail sentence of thirty days but if convicted of a third DWI "aggravated" the minimum sentence is ninety days in jail. In addition, refusal to submit to a breath or blood test after arrest could increase revocation of your license from 90 days to a year. An experienced and knowledgeable trial attorney can challenge the aggravating circumstances and hold the prosecution to its burden of proof in meeting the strict requirements necessary to establish that the DWI is in fact "aggravated."